First instance body dealing with electoral disputes

Representation Of The People Act, Chapter 9, Revised Edition(2000-12-31)

PART VIII

Disputed Elections

46. Avoidanceof election on election petition.

-(1) The election of a candidate as amember shall be declared to be void on an election petition on any ofthe following grounds which may be proved to the satisfaction of the Electionjudge-

(a) that by reason of bribery, treating, intimidation or misconduct, orother circumstances, whether similar to those before enumerated or not, theelectors were prevented from electing the candidate whom they preferred;

(b) noncompliance with the provisions of this Act relating to election if itappears that the electionwas not conducted in accordance with the principles laid down in suchprovisions and that such noncompliance affected the result of the election;

(c) that bribery or treating was committed in connection with the electionby the candidate or with his knowledge or consent or by any agent of thecandidate;

(d) that the candidate personally engaged a person as his election agent, oras a canvasser or agent, knowing that such person had within seven yearsprevious to such engagement been found guilty of bribery or treating by anElection Judge;

(e) that the candidate was at the time of his election a person dis-qualified for election as a member.

(2) No electionshall be declared invalid by reason of any act or omission by the returningofficer or any other person in breach of his official duty in connection withthe election or otherwise of the provisions of this Act if it appears to thejudge or the court having cognizance of the question that the election was soconducted as to be substantially in accordance with the law as to elections andthat the act or omission did not affect its result.

47. Appointmentand powers of Election Judge.

-(1) Everyelection petition shall be tried by the Chief Justice or by a judge of theSupreme Court nominated by the Chief Justice for the purpose.

(2) The ChiefJustice or the judge so nominated is in this Act, referred to as the “Election Judge”.

(3) For thepurposes of summoning or compelling the attendance of witnesses at the trial ofan election petition, the Election Judge shall have the same power,jurisdiction, and authority as are possessed and exercised by the judge of theSupreme Court in the trial of a civil action and witnesses shall be sworn inthe same manner, as near as circumstances will admit, as in the trial of suchan action, and shall be subject to the same penalties for the giving of false evidence.

(4) TheElection Judge shall be attended on the trial of an election petition in thesame manner as if he were a judge of the Supreme Court.

(5) Unlessotherwise ordered by the Chief Justice, all interlocutory matters in connectionwith an election petition may be dealt with and decided by any judge of theSupreme Court.

The Elections and Boundaries Commission,