be consolidated (the Joseph and Greene petitions) were dealt with together. Indeed, both
Mr. Joseph and Mr. Greene have filed Elections petitions in which they seek to challenge
the results of the elections in relation to a number of alleged breaches. There are no
allegations of fraud or corruption in the petitions. The Joseph and Greene petitions were
each filed on the 23rd March, 2009 and each has a first affidavit in support thereof.
[6]
The winning candidates, Mr. Adams and Mr. Codrington, have each filed applications
seeking to have the petitions dismissed. The grounds of their applications include that the
petitions were not filed within the mandated period of 7 days. Mr. Adams also complains
about the service of the petition. He says that Mr. Greene did not serve him with the
petition within the stipulated 5 day period and therefore the petition should be struck.
[7]
Ms. Lorna Simon, the Supervisor of Elections has also filed an application in each petition
and contends that both the petitions should be dismissed in so far as they were not filed
within the time stipulated by section 45(2) of the Representation of People Act (as
amended) Cap 379 Laws of Antigua and Barbuda.
[8]
Issue
The issue that arises for the Court to resolve is whether the Court should dismiss both of
the petitions, that have been brought by Mr. Joseph and Mr. Greene respectively.
[9]
Mr. Daven Joseph’s Petition
The Court will first address Mr. Daven Joseph’s petition. Mr. Joseph has filed a petition
together with the First Affidavit in Support. Mr. Carl Andrew, the process server has filed
an affidavit of service in which he states that he served Mr. Chandler Codrington with the
petition and the first affidavit on the 26th March, 2009.
[10]
Mr. Chandler Codrington’s application
Mr. Codrington seeks to have the petition dismissed on the ground that it was not
presented within 7 days after the return, neither was he served within the stipulated time.
3