Speaker of the House could be sued in her official capacity as it relates to what has happened in the House of Assembly. [37] As it regards the other Defendants, the numbers three through eight; these Defendants are the Chief Elections Officer and the members of the Electoral Commission of Dominica. Counsel Mr. Richards contended that in the Ferdinand Frampton Case as cited by Learned counsel for the Defendants as authority that the Chief Elections Officer could not be sued and is improperly joined cannot be relied on in   this case as that case (Frampton) was an elections petition which attracted different considerations that were not applicable in this case.  [38] Counsel, Mr. Richards, sought to rely on the Richard Frederick et al –v- the Comptroller of Customs and the Attorney General17 to say that the Chief Elections Officer is properly joined to these proceedings as are the members of the Electoral Commission.  [39] I agree that the State Proceedings Act does not apply to the case at bar, however, the issue to be resolved is whether the Chief Elections Officer and the members of the Electoral Commission are properly joined in the case at bar. [40] Counsel, Mr. Richards, cited the Jennifer Gairy (as administratrix of the estate of Eric Matthey Gairy (deceased) –v- The Attorney General of Grenada18 as authority to say that the Privy Council has in essence held that the State is to be placed on par with any other legal entity and is not immune from suit. Counsel also cited and sought to rely on the Richard Frederick Case19 to say that even if the Attorney General is served with a claim form seeking constitutional redress in accordance with the provisions of CPR 2000 “it does not preclude other persons being joined as Defendants”  [41] Counsel also submitted that if section 40(4) of the Constitution of Dominica allows the Attorney General to intervene in proceedings which are being brought under this section and it therefore stands to reason that there must be some identifiable person other than the Attorney General who could properly be a Defendant in such proceedings. (It should 17  HCVAP 2008/037 (St Lucia)   Privy Council Appeal No. 29 of 2000  19  Supra  18   12

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