c) d) e) f) [49] The names of the persons either permitted or not permitted to vote after 6.00pm are stated in (b) above. The Representation of the People (Amendment ) Act 2002, First Schedule Election Rules, Part II, Rules 8 states: [Deals with the publication of the notice of elections by the returning officer]. The persons stated above, among others unknown but who were observed by, among others, Adolfo Pena, Ramon Gomez and Ron Martin, were not able to vote during the hours of 6.00am to 6.00pm. [Makes reference to Election Rule 26(1) dealing with the notice of polling times]. [Makes reference to Election Rule 31(1) dealing with the provision of ballot boxes and materials to be provided to polling station]. The persons stated above were not able to vote during the hours of 8.00am and 6.00pm. The information/particulars provided on behalf of petitioner Simon identified a number of rules which persons who voted after 6:00pm allegedly did not comply with. It is noteworthy, however, that none of those rules prohibited voting after 6:00pm. Neither the petition nor the further particulars contained a specific allegation that there was voting after 6pm that violated rule 1(7) of the Election Rules. Notwithstanding this, Mr. Guthrie asked us to find that late voting was indeed a live trial issue, mainly because, in any event, the appellants were not taken by surprise. This is a fall back position by Mr. Guthrie. Where does it lead? Mr. Guthrie’s reserve position [50] In apparent realization that late voting was not pleaded in the petitions, Mr. Guthrie urged us to adopt a modified approach to pleadings in these types of cases. Accordingly, learned counsel suggested that we might find some guidance as to the approach which we should adopt by looking at Rule 4(1)(d) of the English Election Petition Rules. Mr. Guthrie submitted that this sub-rule requires a petition to state the grounds on which relief is sought, setting out with sufficient particularity the facts relied on but not the evidence by which they are to be 25

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