the candidate declared the winner and the
candidate who is not declared the winner;
(c)
that a presiding officer has, under duress,
signed ballots and that the number of ballots
so signed is sufficient to cast doubt on the
majority of votes counted for, the candidate
declared elected;
(d) that votes have been polled by persons who
are not bona fide electors thereby casting
doubt on the integrity of the votes counted for
the candidate declared elected;
(e) that there is an upsurge in violence or any
irregularity during election day in one or more
polling stations or polling divisions or in any
electoral division or
constituency which
would lead to a substantial distortion or
subversion of the process of free and fair
election."
Section 38 of the said Act stipulates the time within which an application
must be made pursuant to section 37.
"Where under section 37 the Constituted Authority
makes an application to the Election Court, the
application shall be made within fourteen (14) days of
the taking of the poll."
The Notice of Motion seeks the following declarations:
(A)
That the taking of the poll in the general election of members of {he
House of Representatives held on the 18th day of December, lWYg
is void in respect of polling divisions 23,49,56,57, 58, 60, 64, 71/72
in the constituency of West Central S t Andrew.