ELECTION PETITIONS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

PART I
Election Petitions

 

   2   Interpretation

   3   Who may present petitions

   4   Provisions as to presenting petitions

   5   Publication of petition

   6   Service of notice and copy of petition

   7   [Repealed by Act 29 of 1997.]

   8   General grounds and special relief to be stated; particulars of acts relied on to be furnished

   9   Service of notices, how effected

   10   Address for service to be furnished by both parties

   11   Notice of cross complaint

   12   Several petitions as in the same election

   13   Withdrawal of petitions

   14   Death of petitioner

   15   Respondent's death or refusal to contest

   16   Respondent's disabilities after refusal to contest

   17   Double return: amendment thereof

   18   Complaints of conduct of the Returning Officer

   19   Complaint of no return

      Priority of trial of election petition

   20   Trial of petitions

      Decision and certificate thereof

      Certificate where corrupt practices charged

      Special report

      Special case

   21   Power to reserve questions of law

   22   Appeals

   23   Evidence as to corrupt practices receivable before proof of agency

   24   Powers of Court and procedure

   25   Officers to attend Court

   26   Attendance and examination of witnesses

   27   Costs of witnesses

   28   Award and taxation of costs

   29   [Repealed by Act 29 of 1997.]

   30   Results of reports of corrupt practices, by or with the consent of the candidate

   31   Employment as agent of a person known to have been found guilty of corrupt practices: effect thereof

   32   Where corrupt practices proved as to individual voters, course to be pursued

   33   Determination of disqualification if procured by perjury

   34   No person to be required to state for whom he voted

 

PART II
Voiding of Taking of a Poll

   35   Election Court to be constituted

   36   Powers of Election Court

   37   Grounds on which Constituted Authority may apply to election court for the voiding of the taking af a poll

   38   Time within which application to be made

 

THE ELECTION PETITIONS ACT

[Date of Commencement: 17th April, 1885]

Acts
29 of 1997,
29 of 2002.

1   Short title

   This Act may be cited as the Election Petitions Act.

PART I
Election Petitions (sections 2-34)

2   Interpretation

   In this Act-

[6/1963 s 2.]

   "constituency" means an area of Jamaica having separate representation in the House of Representatives;

   "Constituted Authority" means the Constituted Authority established under section 62C of the Kingston and St. Andrew Corporation Act, section 40C of the Parish Councils Act and section 44A of the Representation of the People Act;

[29/2002 s 2.]

   "corrupt practice'' means bribery, treating and undue influence or any of such offences as defined or recognised by the law of Jamaica;

   "division" means-

   (a)   any division of any parish except the parishes of Kingston and St. Andrew, for the purposes of the Parish Councils Act;

   (b)   any division of the parishes of Kingston and St. Andrew for the purpose of the Kingston and St. Andrew Corporation Act;

[28/1997 s 3(a).]

   "petition" or "election petition" shall mean a petition complaining of an undue return or undue section of a member of the House of Representatives or a councillor of a Parish Council or the Kingston and St. Andrew Corporation Act; presented to the Supreme Court under the provisions of this Act.

[28/1997 s 3(b).]

3   Who may present petition

   A petition may be presented to the Supreme Court by one or more of the following persons, that is to say-

[6/1963 s 2.]

   (a)   in relation to the House of Representatives by the Clerk of the House of Representatives by authority of a resolution of that House;

   (b)   in relation to the House of Representatives or Parish Council or the Kingston and St. Andrew Corporation Act; by the Attorney-General or by an, other person.

[29/1997 s 4.]

4   Provisions as to presenting petitions

   The following provisions shall apply to the presentation of an election petition-

   (a)   The petition shall be signed by the petitioner, or all the petitioners if more than one;

   (b)   The petition shall be presented to the Registrar of the Supreme Court within twenty-one days after the return has been made of the member to whose election the petition relates, unless it question the return or election upon an allegation of corrupt practices, and specifically alleges a payment of money or other reward to have been made by any member, or on his account, or with his privity, since the time of such return, in pursuance or in furtherance of such corrupt practices, in which case the petition may be presented at any time within twenty-eight days after the date of such payment.

   (c)   Presentation of an election petition shall be made by filing it in the Registry of the Supreme Court;

   (d)   At the time of the presentation of the petition, or within three days afterwards, security for the payment of all costs, charges and expenses that may become payable by the petitioner-

         (i)   to any person summoned as a witness on his behalf; or

         (ii)   to the member whose election or return is complained of (who is hereinafter referred to as the respondent),

shall be given on behalf of the petitioner except where the petitioner is the Clerk of the House Representatives or the Attorney-General.

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