then consider the other issues that arise from late voting. However, I shall then
consider the issues that arise from the late opening of the polls; return to the
issues that revolve around late voting, and then to the questions whether any
breach or breaches mean that the elections in any of the contested constituencies
was not conducted substantially in compliance with the law as to elections. I shall
then consider whether any breach or breaches affected the results of the elections
so as to invalidate the results.
[26]
From the perspective of the foregoing suggested order, I hereby summarize the
issues as follows, in the order in which they will be considered in this judgment:
(1) Did the learned trial judge err when she held that the issue of late
voting (after 6:00pm) in polling stations in the St. George and the St.
John Rural West constituencies was properly pleaded?
(2) Did the learned trial judge err when she held, as a matter of fact, that
there was no late voting in the St. John Rural West constituency by
persons who joined there after 6:00pm on election day?
(3) Did the learned trial judge err when she held that the late opening of
polling stations (after 6:00am) on election day in the contested
constituencies breached Rule 1(7) of the Election Rules.
(4) Did the judge err when she held that voting after 6:00pm by persons
who were in line at 6:00pm did not breach Rule 1(7) of the Election
Rules?
(5) Did the judge err when she held, further, that notwithstanding that the
late opening of the polls breached Rule 1(7) of the Election Rules,
the elections were conducted substantially in compliance with
electoral law?
(6) In any event, were the elections in each contested constituency
conducted in a manner that was not substantially in compliance with
election laws in all of the circumstances, so as to render the elections
invalid, whether or not the results were affected?
(7) Did the learned judge err, in any event, when she invalidated the
elections on the ground that she could not say that the results in the
contested constituencies were not affected by the late opening of the
polling stations and the consequent late start in voting in the contested
constituencies?
(8) Costs.
16
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