First instance body dealing with electoral disputes

ElectionsRules 1950.07.20-1, (21.7.1950)with amending enactments (up till 20.9.2007)

Nomination of candidates.

6. (1) Each candidate shallbe nominated by a separate nomination paper as in Form B in the Schedule,delivered to the returning officer as hereinafter specified.

…

Decisions as to validity ofnomination papers.

10.(1) Where a nominationpaper and the candidate’s consent thereto are delivered and the deposit made inaccordance with these rules, the candidate shall be deemed to stand nominatedunless and until the returning officer decides that the nomination paper isinvalid, or proof is given to the satisfaction of the returning officer of thecandidate's death, or the candidate withdraws.

(2) The returning officershall be entitled to hold a nomination paper invalid only on one of thefollowing grounds, that is to say –

(a) that the particulars ofthe candidate or persons subscribing the paper are not as required by law; or

(b) that the paper is notsubscribed as so required.

(3) As soon as practicableafter the latest time for the delivery of nomination papers, the returningofficer shall examine the nomination papers, and decide whether the candidateshave been validly nominated in accordance with these Rules.

(4) Where the returningofficer decides that a nomination paper is invalid, he shall endorse and signon the paper such fact and the reasons for his decision.

(5) The returning officershall send notice of his decision to each candidate at his place of residenceas stated in his nomination paper.

(6) The decision of the returning officer that a nomination paper isvalid, shall be final and shall not be questioned in any proceedings other thanproceedings on an election petition.

Government of Gibraltar, Laws of Gibraltar Online Service,

http://www.gibraltarlaws.gov.gi/articles/1950.07.20-1.pdf as retrieved on2013-09-10.

PARLIAMENTACT, Principal Act No. 1950-15 Commencement date 21.7.1950 with Amending enactments (up till 28.6.2007).

PART I. PRELIMINARY.

Interpretation.

2. In this Act,unless the context otherwise requires–

(a)“court” means theSupreme Court;

PART IV. ELECTION PETITIONS

Grounds for petitioning.

53. (1) An electionmay be questioned by a petition (hereinafter referred to as an “electionpetition”) on the ground–

(a) that offences under this Act committed in reference to the electionfor the purpose of promoting or procuring the election of a person thereat haveso extensively prevailed that they may reasonably be supposed to have affectedthe result;

(b) that the election was avoided by corrupt practices or offencesagainst this Act committed at the election;

(c) that the person whose election is questioned was at the time of theelection disqualified; or

(d) that he was not duly elected in accordance with the provisions ofthis Act.

(2) An election shall not be questioned on any of these grounds exceptby an election petition.

Application of English law.

54.(1) Every election petition shall be heard by the court and, subjectto the provisions of this Act and any rules of court made under the powersconferred by this section, every election petition shall, as nearly ascircumstances admit, be presented, heard and determined according to the law forthe time being in force in England with respect to election petitions.

(2) Rules for the regulation of the practice, procedure and costs ofelection petitions and the trial thereof may be made in the like manner asrules made under and for the purpose of the Supreme Court Act.

Trial of petitions.

57.(1) An election petition shall be heard in open court.

(2) At the conclusion of the trial the court shall determine whether theperson whose election is complained of, or any and if so, what other person wasduly elected, or whether the election was void and such determination shall befinal to all intents as to the matters at issue on the petition.

Government of Gibraltar, Laws of Gibraltar Online Service,