Representative of St. Paul, a notice of the nature of the proposed security and a copy
of the petition. The petition appears to have been filed in Court on March 23rd 2009.”
[17]
The Supervisor of Elections Ms. Lorna Simon’s application to strike
As stated earlier, Ms. Lorna Simon, the Supervisor of Elections has filed an application
seeking to have Mr. Greene’s petition dismissed on the ground that it was filed in breach of
section 45(1) of the Representation of People Act since it was not presented within 7 days
after the return was made of Mr. Adams. In her affidavit in support of the application, Ms.
Simon said:
“Following the General Elections held in Antigua and Barbuda on March 12, 2009, the
Returning Officer for the Constituency of Saint Paul in those elections delivered to 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 Eleston Adams 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 Eleston
Adams in the Return book on March 13, 2009.”
[18]
Mr. Paul Chet Greene’s opposition
Mr. Greene opposes both of the applications to strike out his petition and he has filed an
affidavit in response to the allegations that have been made both by Mr. Adams and Ms.
Simon. He says that the time for filing the petition is 7 days after the return has been
made. Further, Mr. Greene stated in his affidavit as follows:
“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.
8