Constituted Authority is open to challenge and hence Judicial
Review.
Mrs. Ruby Walcott, for Mr. Holness, submitted that the motion by the
Constituted Authority is an Election Petition and therefore attracts the provisions
of section 4 (d) of the Election Petitions Act,
I find the submission untenable. The motion to void an election clearly is
not an election petition.
The voiding of an election is a new and different
regime created by the recent amendment to The Representation of the People
(Amendment) Act 1997, section 7.
A careful examination of the provisions
shows that -"Whereas an election petition may be commenced by a candidate
who has contested the election it is only the Constituted Authority that can move
the Court to void the taking of a poll in an election".
Further, it must be noted that the recent amendment to the E l d o n
Petitions Act as contained in section 15 of the Election Petitions (Amendment)
Act, 1997 has created a special court known as "The Election Court" to hear
applications by way of originating motion from the Constituted Authority in
respect of the voiding of the taking of a poll in an election.
For the above reasons, I hold that section 4(d) of the Election Petitions Act
which requires the deposit of security for the payment of all costs, charges and
(-
expenses upon the filing of the petition or within three days after the filing is not
applicable to an application by the Constituted Authority to void the taking of a
poll.