What remedies are available in the first instance?

Anguilla

Anguilla

Answer
  • Annulment of results / Cancellation of elections
  • Re-run the election
Source

ANGUILLA CONSTITUTION ORDER (1982-04-01) (As of 2000-12-15)

41. Determination of questions as to membership of Assembly

 (2) Anyquestion whether a person has been validly elected as a member of the Assembly,or whether an elected member of the Assembly has vacated his seat therein or isrequired by virtue of section 39 of this Constitution to cease to perform hisfunctions as a member, shall be determined by the High Court, whose decisionshall be final and not subject to any appeal.

The Government of Anguilla,

http://www.gov.ai/dg/documents/Anguilla%20Constitution%20Order%201982.pdf as retrieved on 2013-12-14.

ELECTIONS ACT (2008-15-12) (As of 2008-12-15)

PART 5 ELECTIONPETITIONS

Trial of election petitions

67. (1) Every election petition shall be tried in the same manner as anyother action in the High Court by a Judge sitting alone.

(2) At theconclusion of the trial, the Judge shall determine whether—

(a) the member of the Assemblywhose return or election is complained of or any, and what, other person wasduly returned and elected; or

(b) the election was void; and shall certify suchdetermination to the Governor, and, upon his certificate being given, it isfinal and the return shall be confirmed or altered, or a writ for a newelection issued, as the case may require, in accordance with the determination.

(3) No election shall be declared invalid by reasonof the failure of the Governor or any election officer to comply with this Actor the regulations, or by reason of any mistake made by any person in the useof the forms prescribed by or under this Act, if it appears to the tribunalhaving cognizance of the question that the election was conducted in accordancewith the principles laid down in this Act and the regulations and that thefailure or mistake did not affect the result of the election.

The Government of Anguilla,

http://www.gov.ai/dg/documents/elections/electact.pdf

as retrieved on2013-12-14.

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