(2) Any provision of the Constitution, any rule or law or enactment as to the effect
of, or manner of dealing with, the return of a member to serve in the House of
Representatives shall apply to the certificate.
(3) The returning officer shall deliver the writ with the certificate endorsed thereon
to the Supervisor of Elections.”
Section 66 provides as follows:
“66. (1) The Supervisor of Elections shall from the certificate on each writ returned to
him enter the name of the member in a book to be kept by him at his office.
(2) The Supervisor of Elections shall also enter in the book and declaration of
equality of votes, any double return and any alteration or amendment made by him
in the certificate endorsed on any writ.
(3) The book shall be open to public inspection at reasonable times and any
person may, on payment of a reasonable fee, take copies from the book”.
[48]
For the sake of completeness, it is noteworthy that the Court accepts that Rule 65 and 66
of the Representation of People Act above provide for the prescribed forms to be used and
the endorsement which should accompany the Writ. Having perused section 66 of the Act,
and having examined the statutory forms the Court is satisfied that the form that was
utilised, in the case at bar, confirms to the dictates of section 65(1) of the Act and there is
no reason to impugn it. Further and by way of emphasis, there is no basis on which the
Court can impeach the copy of the writ of certificate, together with the endorsements that
are exhibited. These documents are consistent with Ms. Simon, the Supervisor of
Election’s cogent and uncontroverted evidence and serve to buttress her reliable evidence.
[49]
For what it is worth, it is clear that the rules make no allowance for a date to be provided in
the form. In fact, there is no section on the form that allows for the inclusion of a date.
There is clear evidence before the Court that the copy of the writ of certificate had the
requisite endorsement on it. As alluded to earlier, the Court is satisfied that the form
utilised is that prescribed by the rules.
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