[55]
His Lordship Rawlins J further stated at paragraph 19 that:
“When a similar issue was raised in Williams v Tenby ibid, the response of the Court
of Common Pleas, was clear. It stated, at page 138;
“If it is [a] matter of procedure, then the judge will have some powers. But if the Act
does not give these powers, then he has them not. The question still is whether
the provisions of the Act are or are not peremptory. I think they are peremptory,
and that the terms not complied with are conditions precedent, which ought to be
complied with before the petition could be presented”.”
[56]
In a very enlightening manner, Justice Rawlins then proceeded to carefully examine a long
line of cases including Nair v Teck (1967) 1 AC 31 and he concluded at paragraph 25:
“Election statutes are therefore to be interpreted stringently and failure to comply with
their requirements is fatal to the petition, unless the Court can find that the failure goes
to form. This second observation by their Lordships stated, in effect, that unless
election rules, or may I add, the Ordinance, confer power upon the court to amend
pleadings or to extend the time within which actions are to be done under the Act, the
election judge had no power to do these things. This is the general approach in other
cases within and outside our jurisdiction.”
[57]
At paragraph 29, Rawlins J said:
“In Stevens v Walwyn, our own Court of Appeal held, inter alia, that the provisions
that relate to security for costs in the Constitution and Election Petition Ordinance,
Cap 162 of the Laws of St. Christopher, Nevis and Anguilla are peremptory. It held
that they impose conditions precedent, which must be complied with before a petition
can be considered properly presented to the court. In Drew and Others v Scott and
Others (1983) 33 W.I.R. 97, the Supreme Court of Bermuda held, inter alia, that failure
to give security for costs within 3 days, as required, rendered the petition void. This
survey of the general approaches in these cases provides a fitting precursor to the
examination of the preliminary objections.”
20