Requirement to hold a hearing

THE REPRESENTATION OF THE PEOPLEACT (1944-11-20)

PART V

47 Recount byResident Magistrate

(1) If withinfour days after the day on which the returning officer has declared a candidateelected it is made to appear, on the affidavit of a credible witness, to theResident Magistrate hereafter described, that a returning officer in countingthe votes has improperly counted or improperly rejected any ballot papers orhas made an incorrect addition of the number of ballots cast for any candidate,and if the applicant deposits within the said period with the clerk of theCourt of such Resident Magistrate the sum of forty dollars as security for thecosts of the candidate declared elected, the Resident Magistrate shall appoint a time within four daysafter the receipt of the affidavit to recount the said votes.

(2) TheResident Magistrate to whom applications under this section may be made shallbe the Resident Magistrate for the parish in which is situated the placewhereat the declaration of the election was made.

(3) Ifapplications for a recount of the votes in two or more constituencies are madeunder this section to the same Resident Magistrate, such Resident Magistrateshall first proceed with the recount in the constituency in respect of whichthe first application is made to him, and successively with the recounts in theconstituency or constituencies in respect of which applications were latermade, and all such recounts shall proceed continuously from day to day untilthe last of them has been completed.

ElectoralCommission of Jamaica,