What remedies are available in the first instance?

THE REPRESENTATION OF THEPEOPLE ACT (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 appointa time within four days after the receipt of the affidavit to recount the saidvotes.

(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.

(4) TheResident Magistrate shall appoint and give written notice to the candidates ortheir agents of a time and place at which he will proceed to recount the votes.

(5) TheResident Magistrate shall also summon the returning officer and his electionclerk to attend at the time and place so appointed with the parcels containingthe used and counted, the unused, the rejected, and the spoiled ballot papers,or the original statements of the poll signed by the presiding officers, as thecase may be, with respect to or in consequence of which such recount is to takeplace.

(6) Everycandidate shall be entitled to be present and to be represented by an agent atany proceedings under this section.

ElectoralCommission of Jamaica,