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