The appeals
[17]
The respondents to the petitions, including the Supervisor of Elections and the
Returning Officer for each contested constituency, appealed. However, only the
elected representatives have actively pursued the appeals.
[18]
The appellants seek orders setting aside the judgment and orders of the trial
judge. Their central contention is that the trial judge erred when she invalidated
their returns as elected representatives because she wrongly interpreted section
32(4) of the Representation of the People Act. In particular, they insisted that
the judge erred when she invalidated their election on the ground that she could
not say that the late opening of some polling stations did not affect the results. In
other words, because she could not say that the results in the contested
constituencies were not affected by the late opening. They also appealed against
the judge’s finding that the allegations of late voting and late closing of some
polling stations were properly pleaded. They contended that there was substantial
compliance with electoral laws and that any breach of such laws did not affect the
final results in any of the contested constituencies.
However, they did not
challenge the decision that the use of ‘photo lists’ in the elections was a breach of
the law as to elections.
[19]
In their counter-notices, the petitioners challenge the judges finding of fact that
there was no late voting in the St. John’s Rural West constituency by voters who
joined the line after 6.00pm. They also challenge the judge’s decision that Rule
1(7) of the Election Rules permitted voting after 6:00pm by persons who were in
the lines by 6:00pm. In this regard, they contended that the judge erred when she
failed to hold that voting after 6:00pm by persons who were in line at 6:00pm
breached electoral law. They relied, in particular, on Morgan v Simpson;5
Halstead v Henderson St Clair Simon & Hubert Henry;6 Edgell v Glover7 and
5
6
[1974] 3 All E.R 722.
[1989] HC No 34 of 1989; (1989) 1 O.E.C.S. L.R. 198 (Antigua and Barbuda) (Redhead J).
13