First instance body dealing with electoral disputes

PARLIAMENTARY ELECTIONS ACT (1992-03-16)

PART V ELECTIONS Nominations.

36. (1)- Each person seeking nomination as acandidate for any constituency shall be nominated by a separate nominationpaper, which shall be in Form C in the Second Schedule, and shall be subscribed by notless than five persons registered as voters in that constituency, and shall bedelivered by the intending candidate himself or by one of the said subscribersto the returning officer for that constituency.

(2) A person shall not be validly nominatedunless there is delivered to the returning officer at the place and within thetime for the delivery of nomination papers a declaration of qualification,signed by that person in the presence of a justice of the peace, which is madeand dated on a day not more than ninety days before nomination day and which isin Form D in the Second Schedule.

(3) It shall not be lawful for any person tobe nominated as a candidate in any election for more than one constituency sothat if such person were elected in each such constituency he would be entitledto be the Member of Parliament for more than one constituency in the House ofAssembly at the same time, and any person who-

(a) having been so nominated by any otherperson, does not forthwith upon becoming aware of the fact notify in writingthe Parliamentary Commissioner thereof, or

(b) knowingly nominates any other person tobe a candidate in contravention of this subsection, shall be guilty of anoffence against this Act.

(4) Where it comes to the attention of theParliamentary Commissioner that any person has been nominated as a candidate incontravention of subsection (3), the Parliamentary Commissioner shall by noticepublished in the Gazette cancel the nomination of such person in any constituencyor constituencies (to be selected by such person, if he so desires, or failingsuch selection, by the Parliamentary Commissioner) for the purpose of ensuringthat the requirements of that subsection are complied with as far as within himlies, and the publication of such a notice shall operate to cancel forthwiththe candidature of such person in the said constituency or constituencies:

Provided that such cancellation shall notaffect the liability of any person to be tried and punished under the provisionsof the said subsection (3).

PART VII Election Petitions and Inquiriesinto qualifications.

79. The election of a candidate as a Memberof Parliament shall be declared to be void on an election petition on any ofthe following grounds which may be proved to the satisfaction of an ElectionCourt; namely -

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(c) that a corrupt or illegal practice wascommitted in connection with the election by the candidate or with hisknowledge and consent or by an election agent of the candidate or with the knowledgeand consent of an election agent of the candidate;

(d)that the candidate was at the time of his election a person disqualified forelection as a Member of Parliament.

80.(1) Everyelection petition shall be tried by an Election Court.

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Georgetown University, Center for Latin America studies,