First instance body dealing with electoral disputes

REPRESENTATIONOF THE PEOPLE ACT (1964-09-25) (Lastlyamended 2006)

PARTII LISTS OF CANDIDATES

17.Subject to section 18 no list of candidates shall be valid Approval unless ithas been approved by the Commission not later than the 28th day before electionday.

Ifit appears to the Commission that a list of candidates is not defective or thatdefects in it have been cured by corrections submitted in accordance withsection 15, they shall approve it and allocate thereto such symbol as they intheir discretion decide; and if it appears to the Commission that a defectivelist has not been so corrected, they shall refuse to approve it.

Notlater than the 28th day before election day, the Commission shall notify therepresentative and deputy representative of each list that the list is or isnot approved and shall publicly declare the titles of the approved lists andthe names of candidates thereon.

Therefusal of the Commission to approve a list shall not be called in question inany court except by appeal under section 18, and the approval of a list by theCommission shall not be called in question in any court except in accordancewith a law made under article 163 of the Constitution.

18.Where the Commission have refused to approve a list of candidates, the representative and deputyrepresentative of the list, or either of them, may, not later than the 26th daybefore election day, appeal to the High Court against such refusal.

TheHigh Court shall hear the appeal and deliver judgment within such time beforeelection day as will enable the Commission duly to comply with the requirementof section 19 relating to publication of the list; and the judgment of thecourt shall not be subject to appeal.

Thecourt may-

dismissthe appeal; or

 approvethe list to which the Commission have refused to give their approval; or

 approvethat list with such modifications as to the court may seem just;

 andwhen the court approves a list, with or without modification, the list asapproved by the court shall have effect as if it had been approved by theCommission under section 17.

GuyanaElections Commission,

http://www.gecom.org.gy/electoral_law.html as retrieved on 2013-12-13.

Constitution Of TheCo-Operative Republic Of Guyana Act (1980-02-20) (As of 1998)

163.

(1) Subject to the provisions of thisarticle, the High Court shall have exclusive jurisdiction to determine anyquestion ––

(a) regarding the qualification of anyperson to be elected as a member of the National Assembly;

(b)whether ––

(i)either generally or in any particular place, an election has been lawfullyconducted or the result thereof has been, or may have been, affected by anyunlawful act or omission;

(ii)the seats in the Assembly have been lawfully allocated;

(iii)a seat in the Assembly has become vacant; or

(iv)any member of the Assembly is required under the provisions of article 156 (2)to cease to exercise any of his functions as a member thereof;

(c)regarding the filling of a vacant seat in the Assembly; or

(d)whether any person has been validly elected as Speaker of the Assembly fromamong persons who are not members thereof or, having been so elected, hasvacated the office of Speaker.

…

GeorgetownUniversity, Center for Latin American Studies

http://pdba.georgetown.edu/Constitutions/Guyana/guyana96.html as retrieved on 2031-13-12

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

2.Interpretation.

 (1) In this Act—

“Court” means the HighCourt;

3.Method ofquestioning validity of election.

(1) Any question referredto in article163(1) (a), (b) and (c) of the Constitution may, in respect of anelection referred to in article 60(2) of the Constitution and with a view tosecuring appropriate remedial order, be referred to the Court and shallthereupon be determined by it, in accordance with this Act.

(2) Every such referenceshall be by a petition (hereinafter referred to as an election petition)presented to the Court in accordance with this Act.

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Guyana ElectionsCommission,