(B)
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 West Central St. Andrew.
The grounds on which the declarations are sought are set out below:
(1)
That ballot boxes were stolen and/or destroyed and/or tampered
with and the number of electors on the list of electors for the
polling stations in polling divisions 49, 64, 71 and 72 is more than
the difference in the number of votes cast for the candidate
declared the winner and the candidates who were not declared the
winner.
(2)
That votes were polled by persons who were not bona fide electors
thereby casting doubt on the integrity of the votes counted for the
candidate declared elected.
(3)
That there was an upsurge of violence and/or irregularities during
election day in one or more polling divisions in the constituency
and/or in the constituency which led to a substantial distortion or
subversion of the process of free and fair election.
An affidavit by Owen Dustin Marsh, retired Judge of the Supreme Court
and Chairman of the Constituted Authority, at paragraph 7 thereof states:
"That the Constituted Authority has pursuant to
section 52A(1) of the representation of the People Act
determined on its own motion that an application
ought to be made to the Election Court to have the
taking of the poll in polling divisions 23, 47, 56, 57,58,
60, 64, 71 and 72 and in the Constituency of West
Central S t Andrew declared void."