What remedies are available in the last instance?

Cambodia

Cambodia

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

LAW on Election of Members ofthe National Assembly (LEMNA) and Amendments of Law on Election of Members ofthe National Assembly

Art. 117 (new)

Any person or/and politicalparty whose appeal is rejected by the National Election Committee, he sheor/and the political party may appeal in writing to the Constitutional Council withinseventy two (72) hours after the date of receiving the

rejection notice. The Constitutional Councilshall open a public hearing to rule on the appeal within ten (10) to twenty (20)days after receiving the appeal. The decision ofthe Constitutional Council shall be final. If the Constitutional Councilfinds that the appeal is unacceptable, it shall:

- complete the appeal’srejection form, indicating the reasons and the date of rejection;

- send a copy of the rejectionto the appellant or/and the concerned political

party and to the NationalElection Committee;

- publicize the decision andretain one copy for filing.

If the Constitutional Councilfinds that the appeal has reasonable ground, it

shall open a public hearing toreview and decide on the appeal within ten (10) to

twenty (20) days afterreceiving the appeal.

A) If the Constitutional Councilupholds the appeal, it shall:

- complete the approval form,indicating the reasons and the date of

approval;

- send a copy of the approvalto the appellant or/and the political party ;

- issue a decision instructingthe National Election Committee to reject the election results of that polling station or those pollingstations and to organize the re-election at that polling station or thosepolling stations within eight (8) days from its decision;

- publicize its decision andretain a copy for filing.

B) If the ConstitutionalCouncil rejects the appeal, it shall:

- complete the rejection form,indicating of the reasons and the date of rejection;

- send a copy of the rejectionto the appellant or/and the concerned political party, and to the National ElectionCommittee;

- publicize its decision andretain a copy for filing.

Source:

http://www.necelect.org.kh/nec_english/index.php?option=com_content&view=article&id=93&Itemid=216

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