me the writ with the certificate endorsed thereon for the election in that constituency on March 13, 2009. On the same March 13, 2009 I entered the name of Chandler Codrington from the certificate on the writ returned to me in the “Return” book kept by me at my office. The book is and has always been open to the public for inspection at reasonable times. There is exhibited “LS1” a true copy of the writ with the certificate endorsed thereon. There is also hereto exhibited and marked “LS2” a true copy of the entry of the name of Chandler Codrington in the Return book on March 13, 2009.” [13] Mr. Daven Joseph’s opposition Mr. Joseph opposes both of the applications to have his petition dismissed and has filed an affidavit to that effect. He says as follows: “That I am advised by Counsel and do verily believe that pursuant to Section 45 of the Representation of People Act Cap 379, the period specified for the filing of an Election Petition is seven (7) days after the return has been made in respect of the member to whose Petition the Election Petition relates. I am further advised by Counsel and do verily believe that a Return can only be made in the prescribed manner specified at Section 57 of the Election Rules appearing as Schedule 1 under the Representation of the Peoples Act and incorporated as Law by reason of Section 12 thereof. That there is no evidence of an “endorsement on the Writ of Election” for the relevant Constituency presented to the Court to determine the actual date that the Return was made, if at all, accordingly in the absence of a Return we are unable to calculate the expiration of the prescribes seven (7) days for filing the Election Petition. Without prejudice to the aforesaid, and on the unsubstantiated assumption that the return was made on the 13th March, 2009 my Election Petition was filed with the prescribed time on the basis of the following. 5

Select target paragraph3