Possibility to appeal

REPRESENTATION OF THE PEOPLE ACT (1964-09-25) (Lastly amended 2006)

18.Where the Commission have refused to approve a list of candidates, therepresentative and deputy representative of the list, or either of them, may,not later than the 26th day before election day, appeal to the High Courtagainst 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.

Guyana Elections 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

...

(3) An appeal shall lie to the Court ofAppeal ––

(a)from the decision of a Judge of the High Court granting or refusing leave toinstitute proceedings for the determination of any question referred to inparagraph (1);

(b)from the determination by the High Court or any such question, or against anyorder of the High Court made in consequence of such determination.

(4)Parliament may make provision with respect to ––

(a)the circumstances and manner in which and the conditions upon which proceedingsfor the determination of any question under this article may be instituted inthe High Court and an appeal may be brought to the Court of Appeal in respectthereof;

(b)the consequences of the determination of any question under this article andthe powers of the High Court in relation to the determination of any suchquestion, including (without prejudice to the generality of the foregoingpower) provision empowering the High Court to order the holding of a freshelection throughout Guyana or a fresh ballot in any part thereof or there-allocation of seats in whole or in part; and

(c)the practice and procedure of the High Court in relation to the jurisdictionand powers conferred upon it by or under this article and of that Court and theCourt of Appeal in relation to appeals to the Court of Appeal under thisarticle, and, subject to any provision so made, provision may be made withrespect to the matters aforesaid by rules of court.

(5)In this article reference to any person being elected shall be read andconstrued as a reference to any person being elected under paragraph (2) or (3)or (4) of article 60 or under article 160 (2), as the case may be.

GeorgetownUniversity, Center for Latin American Studies