election of Jacqui Quinn-Leandro to serve as the member for the St. George constituency; Charles Henry Fernandez challenged the election of John Maginley as the member for St. John’s Rural West and St. Clair Simon challenged the election of Winston Baldwin Spencer as the member for St. John’s Rural North. Dean Jonas and Charles Henry Fernandez were candidates in St. George and St. John’s Rural West, St. Clair Simon was a voter in the St. John’s Rural North constituency, which was contested by Gail Christian. [2] In granting the 3 petitions, the learned trial judge declared that the 3 respondents to the petition were not duly returned as the elected representatives of the constituencies, which they contested. election invalid. Accordingly, the judge declared their The 3 respondents appealed and the respondent counter- appealed against some decisions as well. The appeals and counter-appeals will be considered against an essential background to the proceedings. Background [3] A General Election to elect members to serve in the Legislature of Antigua and Barbuda was held there on 12th March 2009. The 3 appellants were returned as members. Subsequently, election petitions were brought by the 3 respondents in these appeals, challenging the validity of the election of the appellants in the constituencies in which the appellants were returned. [4] The challenges revolve around 3 related circumstances that arose during the elections. First, electoral officials used ‘photo lists’ instead of the Register for Elections, as prescribed by law. It is common ground that difficulties which developed in the printing of these lists caused some polling stations to open after the scheduled 6.00am. Voting then continued to various times past the 6.00pm scheduled closing time, in some stations in the St. George and St. John’s Rural West constituencies, in breach of Rule 1(7) of the Election Rules.1 Rule 1(7) of 1 Representation of the People (Amendment) Act, No. 11 of 2002. 8