First instance body dealing with electoral disputes

United Kingdom

United Kingdom

Answer
Court of general jurisdiction (including Supreme Court)
Source

Representation of the People Act 1983,Schedule 1, Parliament Election Rules (also know as PER 1983)

 

Part I

 

Art 12. Decisions as to validity of nominationpapers

 

(2) The returning officer is entitled to hold anomination paper invalid only on one of the following grounds

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

(b) that the paper is not subscribed as so required; and

(c) that the candidate is disqualified by theRepresentation of 1981 the People Act 1981.

 

(3) The returning officer shall givehis decision on any objection to a nomination paper as soon as practicableafter it is made.

 

(4) Where he decides that a nomination paper isinvalid, he shall endorse and sign on the paper the fact and the reasons forhis decision.

 

(5) The returning officer's decision that anomination paper is valid shall be final and shall not be questioned in anyproceeding whatsoever.

 

(6)Subject to paragraph (5) above nothing in this rule prevents the validity of anomination being questioned on an election petition.

 

http://www.legislation.gov.uk/ukpga/1983/2

 

 

 

Representation of the People Act 1983

 

Art. 121

(3) The petition shall bein the prescribed form, state the prescribed matters and be signed by thepetitioner, or all the petitioners if more than one, and shall be presented tothe High Court, or to the Court of Session, or to the High Court of NorthernIreland, depending on whether the constituency to which it relates is inEngland and Wales, or Scotland or Northern Ireland.

 

http://www.legislation.gov.uk/ukpga/1983/2
Comment

In UK, the law doesnot specify the EDR procedure for resolving the issues when the candidates’nominations are rejected by Returning Officer. However, the questions ofnominations can be raised in the form of general election petition after theelections are administered.

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