Was late voting properly pleaded? [27] This issue concerns the St George and St John’s Rural West constituencies, but not the St John’s Rural North constituency. It will be recalled that the trial judge found that there was late voting in St George and St John’s Rural West by persons who joined the lines before the scheduled 6:00pm closing of the polls. This was not challenged in these appeals. However, Mr. Guthrie, QC, also raised the issue of late voting from another perspective at the trial in relation to the St. John Rural West constituency. He asserted that some persons who joined the lines after 6.00pm were permitted to vote after 6:00pm, in breach of Rule 1(7) of the Election Rules. The trial judge did not find this proved on the evidence. The question whether she erred in so finding will be considered after the present pleading issue is determined. [28] It suffices for present purposes to set out Rule 1(7). It states as follows: “(1) The proceedings at the election shall be conducted in accordance with the following provisions: … (7) In the case of a general election or a by-election, polling shall take place between the hours of 6 a.m. and 6 p.m. on the day specified in the writ by the Governor-General.” [29] At the trial, Mr. Mendes and Mr. Martineau insisted that late voting was not a live issue for consideration because it was not properly pleaded, or at all, by the petitioners, as procedural law principles required. However, the learned trial judge stated as follows:11 “Having examined the pleaded allegations, this Court is of the respectful view that the complaint of late votes can fall properly within the allegations as pleaded in the petition.” [30] At the appeal hearing, Mr. Mendes and Mr. Martineau complained that the trial judge erred when she rejected their submission that late voting was not pleaded. 11 In paragraph 223 of the judgment. 17