which is presented too late should be taken off the file, (see Rogers on Elections Vol. 11 25th edition p.187). He referred the Court to Prime v Nimrod GDVHCV 2003/0551, in which the Court considered section 100(1) of the Representation of the People Act of Grenada which was materially similar to section 45(1) of the Antigua and Barbuda Act. Accordingly, Pemberton J held that an amended petition filed out of time offended section 100(1) and did not attract the Court’s jurisdiction. In further support of his submission he also relied on Ethlyn Smith v Supervision of Election No. BVINCV 2003/0097 and Reeial George v Eileene Passons No. BHVIHCV 2003/0097. The Court held that the provision must be adhered to strictly since to do otherwise will “defer the underlying virtue of the mandatory nature of the legislation, which is intended to ensure that the validity of the election of a member is dealt with expeditiously.” [30] Next, learned Senior Counsel Mr. Martineau said that Rules 65 and 66 of the Representation of People Act (as amended) provide for the returning of the name of the elected member and the entry recording thereof in the book kept for that purpose. There is no requirement for the return to have the signature or endorsement, as urged by Mr. Marshall. In addition, Learned Senior Counsel Mr. Martineau maintained that the forms that the Supervisor of Elections used were those prescribed by the Rules. [31] Finally, Mr. Martineau urged the Court to find that both of the petitions in this case offend section 45(1) of the Act and should therefore not attract the Court’s jurisdiction. [32] Mr. Douglas Mendes SC’s submissions Learned Senior Counsel Mr. Mendes said that the undisputed evidence before the Court is that on March 13th 2009, Mr. Codrington and Mr. Adams were duly returned as representatives of the constituencies of All Saints West and St. Paul’s respectively. The petitions calling their election in question were both presented to the election court on March 23rd 2009, that is to say 10 days after the return. The undisputed evidence is also that the petition brought by the petitioner Mr. Joseph was served on Mr. Codrington on March 26th 2009, that is to say 3 days after the presentation of the petition. It is also 12

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