Number of levels of adjudication

National Assembly (Validity of Elections) Act,  Chapter 1:04 (1964-12-05) (as of 1998)

5. Time forpresentation of election petition.

 (1) Subject to this section, an election petition shall be presentedwithin twenty-eight daysafter the results of the election out of which the matter in question on the petitionarose are published in the Gazette under section 99 of theRepresentation of the People Act.

(2) If the petitionquestions the effect of the election upon an allegation of a corrupt practiceand specifically alleges a payment of money or other reward to have been madeby the date referred to in subsection (1) in pursuance or furtherance of thealleged corrupt practice, it may be presented within twenty-eight days after the date of the payment.

(3) An election petitionquestioning the effect of the election upon an allegation of an illegalpractice may, so far as respects that illegal practice, be presented—

(a) within fourteen daysafter section 109(1) of the Representation of the People Act has been compliedwith in relation to the election expenses of the group of candidates comprisedin any list mentioned in section 5 with reference to that election petition;

(b) if specificallyalleging a payment of money or some other act to have been made or done sincesuch compliance, in the pursuance or in furtherance of the alleged illegalpractice, withintwenty-eight days after the date of the payment or other act:

Provided that when there isan authorised excuse for failing to make an election expenses return orelection expenses declaration section 109(1) of the Representation of thePeople Act shall, for the purposes of this subsection, be deemed to have beencomplied with on the date of the allowance of the excuse, or, if there was sucha failure in two or more respects and the excuse was allowed at differenttimes, on the date of the allowance of the last excuse as defined in section110(4) of the Representation of the People Act.

(4) Subsection (3) shallapply notwithstanding that the act constituting the alleged illegal practiceamounted to a corrupt practice.

(5) For the purposes ofthis section, the allegation that corrupt or illegal practices or illegalpayments, employments or hirings were committed in reference to the electionand had so extensively prevailed that they may have affected, or have affected,the allocation of seats under section 97 of the Representation of the PeopleAct, shall be deemed to be an allegation of corrupt practices, notwithstandingthat the offences alleged are or include offences other than corrupt practices.

13. Trial of petition.

 (1) An election petition shall be tried by the Court in open court,without a jury, and notice of the time and place of trial shall be given in theprescribed manner not less than fourteen days before the day of trial.

(2) The Court may in its discretion adjourn the trialfrom time to time, but the trial shall, so far as is practicable consistentlywith the interests of justice in respect of the trial, be continued from day today on every lawful day, not being a holiday observed by the Court, untilconclusion:

Provided that an election petition may be presented and heard and allother necessary proceedings thereunder may be taken during any period appointedas a vacation to be observed by the Court.

(3) The trial of anelection petition shall be proceeded with notwithstanding the prorogation ofParliament and notwithstanding the resignation of any person as a member of theNational Assembly.

(4) On the trial of thepetition, unless the Court otherwise directs, any charge of a corrupt orillegal practice may be gone into and evidence in relation thereto received,before any proof has been given of agency on behalf of any candidate in respectof the corrupt or illegal practice.

GuyanaElections Commission,

http://www.gecom.org.gy/pdf_laws/NATIONAL%20ASSEMBLY%20_VALIDITY%20OF%20ELECTIONS_%20ACT.pdf as retrieved on 2013-12-13.

Constitution Of TheCo-Operative Republic Of Guyana Act (1980-02-20)

(as of 1998)

163.

...

 (3) An appeal shall lie to the Court of Appeal––

(a)from the decision of a Judge of the High Court granting or refusing leave toinstitute proceedings for the determination of any question referred to inparagraph (1);

(b)from the determination by the High Court or any such question, or against anyorder of the High Court made in consequence of such determination.

(4) Parliament may make provisionwith respect to ––

(a) the circumstances and manner inwhich and the conditions upon which proceedings for the determination of anyquestion under this article may be instituted in the High Court and an appealmay be brought to the Court of Appeal in respect thereof;

(b)the consequences of the determination of any question under this article andthe powers of the High Court in relation to the determination of any suchquestion, including (without prejudice to the generality of the foregoingpower) provision empowering the High Court to order the holding of a freshelection throughout Guyana or a fresh ballot in any part thereof or there-allocation of seats in whole or in part; and

(c)the practice and procedure of the High Court in relation to the jurisdictionand powers conferred upon it by or under this article and of that Court and theCourt of Appeal in relation to appeals to the Court of Appeal under thisarticle, and, subject to any provision so made, provision may be made withrespect to the matters aforesaid by rules of court.

(5)In this article reference to any person being elected shall be read andconstrued as a reference to any person being elected under paragraph (2) or (3)or (4) of article 60 or under article 160 (2), as the case may be.

Elections

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GeorgetownUniversity, Center for Latin American Studies