Requirement to issue reasoned decision

PARLIAMENTARY ELECTIONS ACT (1992-03-16)

PART VII Election Petitions and Inquiriesinto qualifications.

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 for an unsuccessful candidateon the ground that he had a majority of lawful votes and a scrutiny is taken,whether any and what other person has a majority of lawful votes and wasaccordingly duly elected and ought to have then returned, and shall certifyin writing the determination to the Governor-General and to the Speaker; andthe determination so certified shall be final to all intents and purposes:

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,