[58]
The Court can do no more than adopt the useful pronouncements of Rawlins J referred to
above. Accordingly, the Court has no doubt that the time limit of “within 7 days” of the
return must be strictly complied with. It is a stringent requirement, as accepted by all sides.
It is an uncompromising provision.
[59]
Computation of time
In the case at bar, the Court now has to determine when the period of time for the
presentation of the petitions expired, or to put another way, whether the Greene and
Joseph Petitions were presented within the prescribed period of time. At this juncture, it is
convenient to address the ancillary issue of whether the CPR 2000 is applicable to the
case at bar. The Court is of the respectful view that CPR 2000 is not applicable to election
petitions for the sole reason that there are specific election rules that are provided in
relation thereto. Further, there are provisions in the Representation of People Act that
cannot comfortably coexist with the CPR 2000, some of these are akin to those found in
criminal procedures.
[60]
Even if the Court was wrong in holding that CPR 2000 does not apply to election petitions,
the Court accepts the submissions urged by learned Senior Counsel Mr. Mendes and
holds that in any event, Rule 3(2) of CPR 2000 has no relevance to the petitions at bar.
Indeed, Mr. Mendes SC was correct in saying that even if CPR 2000 is applicable to
election petitions, it has no relevance to the petitions since Rule 3.2(1) specifically states
that it is applicable to the calculation of “any period of time for doing any act which is fixed
(a) by these Rules, (b) by practice direction; or (c) by any judgment or order of the Court.”
With the greatest of respect it, only bears repeating in order to reject learned Counsel Mr.
Marshall’s submission that Rule 3.2(1) is applicable. The time that is fixed for the
presentation of the election petitions is so fixed by an Act of Parliament namely the
Representation of People Act. Therefore, the petitioners cannot avail themselves of Rule
3.2(1) of CPR 2000 in so far as the time is not fixed by the Court judgment, neither do the
matters touch and concern a practice direction, or do they relate to the Rules.
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