Applications to void an election may be made under section 90 of the Parliamentary Elections Act 1954 (PEA). Such applications are to be heard by an Election Judge, who may be the Chief Justice or a Supreme Court Judge nominated by the Chief Justice.
The election of a candidate as a Member of Parliament (MP) will be declared void if the Election Judge is satisfied that:
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by reason of general bribery, general treating, or general intimidation, or other misconduct, or other circumstances, whether similar to those before enumerated or not, the majority of electors were or may have been prevented from electing the candidate whom they preferred;
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there was non-compliance with the provisions of the PEA relating to elections, if it appears that the election was not conducted in accordance with the principles laid down in those provisions and that the non-compliance affected the result of the election;
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a Corrupt Practice or Illegal Practice was committed in connection with the election by the candidate or with his knowledge or consent or by any agent of the candidate;
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the candidate personally engaged a person as his election agent, or as a canvasser or agent, knowing that the person had, within seven years prior to the engagement, been convicted or found guilty of a Corrupt Practice by a District Court or by the report of an Election Judge; or
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the candidate was at the time of his election a person disqualified for election as an MP.
The application to void an election may be made by any one or more of the following persons:
- a person who had voted or had a right to vote at the election to which the application relates;
- a person who claims to have had a right to be returned or elected at the election; or
- a person alleging himself to have been a candidate at the election.
An application to void an election must be made within the relevant period stipulated in sections 97(1), (2) and (3) of the PEA depending on the ground of the application.
The Election Judge may, on hearing the application, declare that:
- the election is void;
- the return of a person elected was undue;
- a candidate was duly elected and ought to have been returned; or
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a scrutiny be held, where the seat is claimed for an unsuccessful candidate on the ground that he or the group of candidates to which he belongs actually had a majority of lawful votes.
However, the Election Judge may not question the decisions made by the Returning Officer and Assistant Returning Officers in the adjudication of votes.
When the hearing of the application has concluded, the Election Judge will determine the outcome of the application and certify such determination to the President. If the case so requires, the President will order the holding of an election in the electoral division concerned within one month of the determination in accordance with the certificate. Where the election of any MP for a Group Representation Constituency is determined by the Election Judge to be void, the election of the other MPs for that electoral division is deemed to be void.