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the lower tribunal can take, at the instance of the winning party or the appellee, is
to dismiss the appeal taken by the losing party. That is what the NEC should have
done; that is what the NEC failed to do; and as indicated above, the Supreme Court
cannot be used as a substitute for the NEC or the Board of Commissioners in whom
the responsibility to dismiss the appeal is vested under the circumstances stated
herein the instant case.
Moreover, the fact that others of the complainants determined not to
pursue the appeal announced by them, does not prevent other parties to the action
pursuing the appeal if they feel that they would like to have the Supreme Court
make a final pronouncement on the manner in which the elections were conducted
and the results announced by the NEC, particularly as to them. To hold, as
advocated by the NEC, would not only be a travesty of justice but would set a bad
precedent that any party to any action cannot appeal therefrom unless he or she
carries the burden of the other parties to the action. That is not how the law
operates and it certain is not the way the law was intended to operate.
In the case before us, the bill of exceptions presented to the Board of
Commissioners of the NEC challenging the decision and ruling of the NEC, was
submitted only by Charles Walker Brumskine and Harrison S. Karnwea. This Court
concludes that by the said action, it was only those two persons that decided to
further challenge the actions, decisions and judgment of the NEC. It was therefore
only those persons that were required under Section 6.8 of the Elections Law to
enter into a recognizance with the NEC. We note that a party cannot enter into a
recognizance with the NEC unless and until the party has submitted a bill of
exceptions to the NEC and obtained the approval of the Members of the Board of
Commissioners of the NEC. It is only after that submission and approval that a party
is then required to enter into a recognizance with the NEC. This process is not
different from the regular appeal process under the Civil Procedure Law. Under
that Law, a party who challenges or disagrees with the judgment of the lower court
and who desires to appeal the matter to the Supreme Court must first, after
excepting to the judgment and announcing an appeal therefrom, file with the lower
court a bill of exceptions duly approved by the trial judge. It is only upon the
fulfilment of that condition that the party may then move to the next step of the
appeal, which is the filing of an appeal bond, the equivalent to the recognizance