Number of levels of adjudication

PARLIAMENTARY ELECTIONS ACT (1992-03-16)

PART VII Election Petitions and Inquiriesinto qualifications.

84. (1) Every election petition shall bepresented within twenty-onedays of the date of the production of the writ for the election to theHouse of Assembly under the provisions of section 77:

Provided that-

(a) an election petition questioning thereturn or the election upon the ground of a corrupt practice and specificallyalleging a payment of money or other act to have been made or done since thedate of the production of the writ by the Member of Parliament whose electionis questioned or by an agent of the Member of Parliament with h the privity ofthe Member of Parliament or his election agent in pursuance or in furtheranceof such corrupt practice shall, so far as respects such corrupt practice, bepresented at any time within twenty-eightdays after the date of such payment or act but in no event shall an election petition be presented afterthe expiration of sixmonths from the date of the production of the writ of election to theHouse of Assembly as aforesaid;

(b) an election petition questioning thereturn or the election upon an allegation of an illegal practice shall, so faras respects such illegal practice, be presented within twenty-eight days after the date of thealleged commission of such illegal practice, but in no event shall an election petition bepresented after the expiration of six months from the date of the production ofthe writ of election to the House of Assembly as aforesaid.

(2) An election petition presented in duetime may, for the purpose of questioning the return or the election upon anallegation of a corrupt or illegal practice, be amended, with the leave of theElection Court, within twenty-eight days of its presentation.

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 orelected, and whether the election was void, and, where the seat is claimed foran unsuccessful candidate on the ground that he had a majority of lawful votesand a scrutiny is taken, whether any and what other person has a majority oflawful votes and was accordingly duly elected and ought to have then returned,and shall certify in writing the determination to the Governor-General and tothe Speaker; and the determination so certified shall be final to all intents andpurposes:

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.

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Georgetown University, Center for Latin America studies,