Number of levels of adjudication
Montserrat
ELECTIONS ACT (1952-01-30) ( Revised Edition, as at 1January 2008)
PART IVELECTION PETITIONS
Presentation of election petition and security for costs
53. (1) The following provisions shall apply with respect to the presentation ofan election petition—
(a) the petition shall be presented within 21 days after the return made bythe returning officer of the member to whose election the petition relates,unless it questions the return or election upon an allegation of corruptpractices and specifically alleges a payment of money or other reward to havebeen made by any member, or on his account, or with his privacy, since the timeof such return, in pursuance or in furtherance of such corrupt practices, inwhich case the petition may be presented at any time within 28 days after the dateof such payment;
(b) at the time of the presentation of the petition, or within three daysafterwards, security for the payment of all costs, charges and expenses thatmay become payable by the petitioner—
(i) to anyperson summoned as a witness on his behalf; or
(ii) to themember whose election or return is complained of, or to any other person namedas a respondent in the petition,
shall be givenon behalf of the petitioner;
(c) the security shall be to an amount of $1,200 and shall be given by recognizanceto be entered into by any number of sureties not exceeding four approved by theRegistrar of the High Court, or by deposit of money in the Supreme Court, orpartly in one way and partly in the other.
(2) Rules, not inconsistent with the provisions of this Act, as to thedeposit of security and the practice and procedure for the service and hearingof election petitions and matters incidental thereto may be made by the ChiefJustice.
Trial of election petitions
56. Every election petition shall be tried in the same manner as an actionin the High Court by a Judge sitting alone. At the conclusion of the trial theJudge shall determine whether the member of the Council whose return orelection is complained of or any, and what, other person was duly returned andelected, or whether the election was void, and shall certify such determinationto the Governor, and, upon his certificate being given, such determinationshall be final; and the return shall be confirmed or altered, or a writ for anew election issued, as the case may require, in accordance with suchdetermination.
