[11] Mr. Codrington stated in his affidavit as follows: “I was nominated as the candidate for the United Progressive Party at the General Election for the Constituency of All Saints West held on March 12th 2009. On the night of the said March 12th 2009, the Returning Officer declared that I was duly elected as the Representative of the All Saints West Constituency. On March 13th 2009, the Returning Officer returned me as the said Representative to the Electoral Commission by endorsing such return of the Writ of election for the said constituency. A true copy of the said return is hereto attached and marked “CC1”. On March 13th 2009, the Governor General of Antigua and Barbuda appointed Mr. Baldwin Spencer as the Prime Minister of Antigua and Barbuda, having determined that Mr. Spencer was the leader of the political party in the House of Representatives, namely the UPP, which had won the majority of seats in House of Representatives at the said General Elections. The UPP was declared to have won 9 seats, the BPM one seat, whilst the Antigua Labour Party was declared to have won 7 seats. On the 26th day of March 2009, I was served with documents which purported to consist of a Notice of the presentation of a petition challenging the validity of my election as the representative of All Saints West, a notice of the nature of the proposed security and a copy of the petition. The petition appears to have been filed in court on March 23rd 2009.” [12] The Supervisor of Elections’ application Ms. Lorna Simon, the Supervisor of Elections has also applied to have the petition dismissed on the ground that it has been filed in breach of section 45(1) of the Representation of People Act since it was not presented within 7 days after the return was made in respect of Mr. Codrington. In her affidavit of support she states: “Following the General Elections held in Antigua and Barbuda on March 12, 2009, the Returning Officer for the Constituency of All Saints West in those elections delivered to 4