[35]
Mr. Mendes SC said that there is no provision under the Representation of the Peoples Act
giving the Antiguan Election Court power to extend the time for service and in any event no
application for an extension has been made in this case.
[36]
In further developing his arguments, Mr. Mendes SC said that the petitioners in their
affidavit filed in reply, the petitioners answer the application to strike out their petitions on
two grounds: firstly, that there is no indication as to date of the return and accordingly no
basis upon which to ascertain the date from which time runs; and secondly, that under
Rule 3.2(4) Saturdays, Sundays and any day on which the Court offices is closed are not
to be taken into account and accordingly the petitions were filed in time. The First
Defendants/Applicants respond as follows.
[37]
Mr. Mendes SC went on to state that the evidence is clear that the returns were made on
March 13th 2009. After all, the Prime Minister was appointed on that date. It is to be
assumed, unless the contrary is proved, that his appointment was in order and he could
not have been lawfully appointed except after the return had been made. The returns are
regularly endorsed and evidence has been presented of the date the return was made.
There is accordingly no merit in this argument. He posited that presumption of regularity
applies.
[38]
Learned Senior Counsel Mr. Mendes next stated that even assuming that the CPR 2000
applies to election petitions, Rule 3.2(1) expressly declares that Rule 3.2 applies to the
calculation of “any period of time for doing any act which is fixed (a) by these Rules; (b) by
practice direction; or (c) by any judgment or order of the Court.” The time period for the
presentation of election petitions is fixed by the Representation of the Peoples Act.
Accordingly, Rule 3.2(4) does not apply in any event.
[39]
Turning his attention to the Interpretation Act, learned Senior Counsel Mr. Mendes SC
asserted that section 44(5) of the Act does provide for the exclusion of Sundays and public
holidays in the computation of time but only where the period of time in question is six days
or less. Section 44(5) provides that:
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