The notice of motion is supported by some eighteen (18) affidavits
and by Dr. Warren Blake of the P.N.P., one of the unsuccessful candidates in the
election of December 18,1997.
Andrew Holness of the J.L.P., the declared winner, on the 27th day
of February, 1998, filed a notice of motion to dismiss the application of the
c1
Constituted Authority. The grounds to dismiss are:
1.
That Andrew Holness was on the 17th day of February, 1998, the member
elected for the constituency of West Central S t Andrew, as having
received the majority of votes lawfully given and has been sworn as a
member of parliament of that constituency.
2.
That section 4(d) of the election petition act has not been complied within
(sic) that security for the payment of all costs, charges, and expenses that
may become payable has not been given nor notice thereof served on
behalf of the applicant and that the provisions of the section is mandatoryg
and;
(i)
That the Constituted Authority as established is not exempt by this
section;
(sic) (iii)
Therefore noncompliance is fatal and no further proceedings may
be held on the application.
3.
That the composition of the Constituted Authority is ill considered,
inoperative and unworkable by the inclusion by law of the three selected
members of the Electoral Advisory Committee clothed with the power to