Chief Election Officer to prepare report in keeping with Section 96 of the Representation of the Act, Chapter 1:03; paving the way for official declaration of Election Results

16 June 2020, GEORGETOWN – After considerable deliberations at the Commission on the report submitted by Chief Election Officer (CEO), Mr. Keith Lowenfield on the National Recount of votes cast in the 2nd March, 2020 General and Regional Elections, Chairperson of the Commission, Justice Claudette Singh has requested for the CEO prepare a report to ascertain the results of the elections under Section 96 of the Representation of the People Act, Chapter 1:03 and in keeping with Order No. 60 of 2020 and its addendum dated 29th May, 2020.

Justice Singh also noted that the Commission cannot arrogate onto itself a jurisdiction to annul an election since no specific power was conferred on it under Article 162 (1) (b).

It stated the question which the court had to consider under this Article in this way:

“Whether there is some general illegality either affecting the whole election or whether there has been some specific illegality being either an act or an omission which affects the results of an election”

Parliament has made provision for the determination of questioning the validity of elections by way of The National Assembly (Validity of Elections) Act Chapter 1:04 of which the long title reads:-

“An Act to provide for the determination of questions relating to the validity of elections of members of the National Assembly under a system of Proportional Representation.”

Section 3(1) of the Act provides, “Any question referred to Article 163(1) (a), (b) and (c) of the Constitution may, in respect of an election referred to in Article 60(2) of the Constitution and with a view of securing appropriate remedial orders, be referred to the court and shall thereupon be determined by it in accordance with this Act and every such reference shall be by petition (hereafter referred to as an election petition).

In light of the foregoing and in keeping with Order No. 60 of 2020 and its addendum dated 29th May, 2020, Justice Singh requested for the Chief Election Officer to prepare and submit to the Commission a report to ascertain the results of the elections under Section 96 of the Representation of the People Act, Chapter 1:03.

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