--
secret. It is a right in my view which the voter can waive. An elector, if he so
chooses, can make known to anyone for whom he has voted. He can make his
mark in view of anyone in the polling station.
The provisions are ainaed
against the election officials and not against the electors. Section 99(4) which
makes any breaches of the provisions of that section a criminal offence is aimed
c!
at election officials and other persons but not the elector who chooses to exercise
his franchise openly.
I€every elector is permitted to cast his vote for the candidate of his choice
and does so, without observing the provisions of secrecy, it cannot, in my view,
be argued that the process of free and fair election has been substantially
distorted or subverted.
The other regularities adverted to, which I hold to have been satisfactorily
c
established, singly
or cumulatively constitute a substantial distortion or
subversion of the process of free and fair election both in the respective Polling
Divisions in which they occurred as well as in the Constituency as a whole.
It is for these reasons that I concurred with my Learned brothers in
declaring:
1.
That the taking of the poll in the general election of members of the
House of Representatives held on the 18th day of December, 1997
is void in respect of polling divisions 23/49, 56,57,58, 64, 71, 72 in
the constituency of West Central St. Andrew.