also applicable to election petitions, that a person who institutes an action should plead sufficient material facts to create a cause of action. A respondent must know what the case against which he or she must defend. Evidence need not be pleaded, because that will come from the affidavits, and cross-examination thereon or by oral evidence.” [36] Mr. Guthrie and Mr. Astaphan agree that the purpose of pleadings is to identify the issues, and to avoid opposing parties and the court from being taken by surprise. They also agree that the statements in Charan Lal Sahu v Giani Zail Singh, Ethlyn Smith and kindred cases underline the general principles, which they accept are of general application to election petitions. Evidence of late voting [37] Mr. Mendes and Mr. Martineau pointed out that although late voting was not specifically pleaded in the 2 petitions, the respondents Jonas and Simon subsequently sought to adduce evidence to the effect that it is unlawful to permit anyone to vote after 6:00pm. I note, for example, that Mr. Jonas stated,20 in his witness statement that the returning officer arrived at Potters School at about 11:00am and that voting commenced shortly thereafter and did not cease until after 8:00pm. Mr. Jonas’ witness, Bethan Marajah, stated in his witness statement21 that he worked at Potters School until approximately 8:30pm when the voting ended. At 6:00pm, Ms Irene Lake, the presiding officer, told the police officer to stand behind the last person in the line. When the police officer reached the entrance of the polling station they closed off voting. No one else was allowed to vote. Voting ended at about 8:00pm. [38] I note, further, that in the Simon/St John’s Rural West petition, Cicely Joseph referred to late voting in her witness statement.22 In her witness statement, Gail At paragraph 11. At paragraph 6. 22 At paragraph 9. 20 21 20