What remedies are available in the first instance?

PARLIAMENTARY ELECTIONS ACT (1992-03-16)

PART VII Election Petitions and Inquiriesinto qualifications.

79. The election of a candidate as a Memberof Parliament shall be declaredto be void on an election petition on any of the following grounds whichmay be proved to the satisfaction of an Election Court; namely -

(a) that by reason of general bribery,general treating or general intimidation, or other misconduct or othercircumstances, whether similar to those before enumerated or not, the majorityof electors were or may have been prevented from electing the candidate whomthey preferred;

(b)non-compliance with the provisions of thisAct relating to elections, if it appears that the election was not conducted inaccordance with the principles laid down in such provisions and that suchnon-compliance affected the result of the election ;

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85. ( 1) At the conclusion of the trial of anelection petition, the Election Court shall determine whether the Member ofParliament whose election or return is complained of was duly returned or elected, andwhether the election was void, and, where the seat is claimed for anunsuccessful candidate on the ground that he had a majority of lawful votes anda scrutiny is taken, whether any and what other person has a majority of lawfulvotes and was accordingly duly elected and ought to have then returned, andshall certify in writing the determination to the Governor-General and to the Speaker;and the determination so certified shall be final to all intents and purposes:

Provided that-

(a) if the judges constituting the ElectionCourt differ as to whether the Member of Parliament whose election or return iscomplained of was duly elected or returned, they shall certify that differenceand the Member of Parliament shall be deemed to be duly elected and returned;

(b) if the judges determine that the Memberof Parliament was not duly elected or returned but differ as to the rest of thedetermination, they shall certify that difference and the election shall bedeemed to be void; and

(c) if the judges differ as to any othermatter, they shall certify that difference and make no determination on thatmatter.

(2) Upon the issue of a certificate of anElection Court all necessary steps shall be taken-

(a) for confirming the return where theelection and return are determined to have been due;

(b) for altering the return, where anunsuccessful candidate is determined on a scrutiny to have had a majority oflawful votes; or

(c) for issuing a writ for a new election, where the returnor election of a candidate is determined (otherwise than on a scrutiny) to havebeen undue or void.

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Georgetown University, Center for Latin America studies,

http://pdba.georgetown.edu/Electoral/Bahamas/bahamas.htmlas retrieved on 2013-12-15.