[40] The exclusive jurisdiction of the High Court, through Article 163, to determine, among other matters, any question in relation to whether an election has been lawfully conducted or the result affected by any unlawful act or omission38 was naturally unaffected by Order 60. That Article is constitutional in character and it establishes a comprehensive regime for challenges to the election. Paragraph 4 of Article 163 provides that Parliament may make provision for how this jurisdiction of the High Court is to be exercised. Parliament did so by passing the National Assembly (Validity of Elections) Act39 (“the Validity Act”). Among other provisions, the Validity Act provides that the method of questioning the validity of an election is by an election petition40, and that this shall be presented within 28 days after the results of the election are published in the Gazette under Section 99 of the Representation Act41. The Validity Act also provides that, in a trial initiated by an election petition, the High Court can declare that the number of valid votes cast for a list of candidate differs from the number of votes upon which seats in the National Assembly were allocated42, and also that the High Court can order a fresh election in whole or in part43. There therefore exists a constitutionally mandated and evidence based open justice process placed under the exclusive jurisdiction of the High Court with a right to appeal, if necessary, to the Court of Appeal and ultimately up to this Court44. This process, and utilisation of it, are fundamental to the electoral system, the legitimacy of elections and democratic governance in Guyana. [41] The jurisdiction conferred by Article 163 is capable of addressing the allegations of irregularities complained of by Mr Harmon and alluded to by the CEO. The Chairperson of GECOM was therefore perfectly entitled and right to take the position that these allegations, if pursued, should be addressed by an election petition filed in the High Court as contemplated by Article 163.45 Neither GECOM 38 Constitution (n 1), art 163(1)(b)(ii). National Assembly (Validity of Elections) Act, Rev Ed 2012, Cap. 1:04 (Guy) (‘Validity Act’). 40 ibid s 3(2). 41 Validity Act (n 39), s5(1). 42 Validity Act (n 39), s 29(2) 43 Validity Act (n 39), s 30(1). 44 See Article 163(3) of the Constitution which contains no provision rendering a decision of the Court of Appeal, made under that provision, to be final. 45 See Petrie (n 6). 39