JVALKER J.
This Court is sitting for the first time. In this sense, therefore, it creates legal
history in Jamaica. It was established pursuant to section 15 of the Election Petitions
(Amendment) Act, 1997 (section 35 of the principal Act). Simultaneously with the
promulgation of this piece of legislation the Representation of the People (Amendment)
Act, 1997 was passed. It provides for the establishment of a special body of persons to
be known as the Constituted Authority. Section 7 of that amending Act (section 52 A of
the principal Act) gives to the Constituted Authority certain powers with respect to the
voiding of a poll. Clearly, the primary objective of this amending legislation is to provide
for an effective safeguard against the twin spectres of violence and corruption by which
our elections have been bedevilled over many years. On December 18, 1997 a general
election to elect members of the House of Representatives was held. It resulted in an
overwhelming victory for the People's National party. In the process sixty men and
women were elected to represent an equal number of constituencies throughout the
island.
It is the poll that was taken in one of these constituencies, namely the
constituency of West Central St. Andrew, that gives rise to the present proceedings. On
a magisterial recount of the ballots cast therein Mr. Andrew Holness, the candidate for
the Jamaica Labour Party was declared the winner (8,653 votes) over Dr. Warren Blake,
the candidate for the People's National Party (8,499 votes) and Mr. Steve Daley, the
candidate for the National Democratic Movement (43 votes). The official margin of
victory was declared to be 154 votes. Before this court by way of originating motion the
Constituted Authority sought declarations as follows :-