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Schedule 2

(1)

Petition. (Rule 26(1))

In the Eastern Caribbean Supreme Court

(Saint Lucia).

and

The Elections Act

Election for (state the electoral district) held on the
.......... day of .............................. 20..........

Between

A.B ....................................................................................... Petitioner,

And

X.Y., ................................................................................. Respondent.

The petition of A.B. of .............................. (or of A.B. of .............................. and C.D. of ..............................) (as the case may be) whose name is subscribed.

1. Your petitioner A.B. is a person who voted (or had a right to vote as the case may be) at the above election (or claims to have had a right to be returned at the above election, or was a candidate at the above election); and your petitioner C.D. (here state in like manner the right of each petitioner).

2. Your petitioner states that the election was held on the .......... day of .............................. 20.......... when E.F., G.H. and I.J. were candidates, and the returning officer has returned E.F. as being duly elected.

3. Your petitioner says that (here state in specific paragraphs the facts and grounds on which the petitioner relies).

Wherefore your petitioner prays that it might be determined that the said E.F. was not duly elected or returned, and that the election was void (or that the said G.H. was duly elected and ought to have been returned, or as the case may be).

Dated this .......... day of .............................. 20..........

Petitioner.

(2)

(Rule 8(1))

Summons for Substituted Service.

(Title as in the case of the Petition).

Let all parties concerned attend the judge in chambers at Saint Lucia in Castries on the .......... day of .............................. 20.........., at .................... a.m./p.m. on the hearing of an application on the part of the petitioner for an order that what has been done by the petitioner to effect personal service of the petition and cause the matter to come to the knowledge of the respondent shall be considered sufficient service of the petition, subject to any conditions which the judge may think fit to impose (or for an order that the posting of notice in the office of the Registrar that the petition has been presented stating the petitioner, the prayer and the nature of the proposed security shall be equivalent to personal service).

And that the costs of this application be costs of the Petition.

Dated the .......... day of .............................. 20..........

Petitioner

Petitioner's Attorney-at-law.

(3)

Recognizance Giving Security for Costs under Rule 9. (Rule 9(2))

(Title as in the case of the Petition).

Be it Remembered that on the .......... day of .............................. in the year of Our Lord 20.......... before me (name and description) came A.B. of (name and description as above) and acknowledged himself or herself (or severally acknowledged themselves) to owe to Our Sovereign Lord the King the sum of (in words) dollars (or the following sums) (that is to say) the said C.D., the sum of (in words) dollars, the said E.F., the sum of (in words) dollars, and the said G.H., the sum of (in words) dollars to be levied on his or her (or their respective) goods and chattels, lands and tenements to the use of Our said Lord the King, His heirs and successors.

The condition of this recognizance is that if (here insert the names of all the petitioners, and if more than one, add, or any of them) shall well and truly pay all costs, charges and expenses in respect of the election petition signed by him or her (or them) relating to the (here insert the name of the electoral district) which shall become payable by the said petitioner under the House of Assembly (Election Petitions) Rules to any person, then this recognizance to be void, otherwise to stand in full force.

Petitioner and Sureties.

Taken and acknowledged by the above named (names of petitioner and sureties) on the .......... day of .............................. 20.......... before me.

A Justice of the Peace or Person
Authorised to Administer Oaths.

(4)

(Rules 8(1), 9(3))

Notice of Presentation of Petition and of the Nature of the Security.

(Title as in the case of the Petition)

Take Notice that a petition complaining of (state the grounds of complaint briefly) and praying that (state briefly the prayer of the petition) was presented to the Court on the .......... day of .............................. 20.......... and that security for the cost, charges and expenses thereof has been given (state the nature of the security given i.e. whether by deposit of money or by recognizance and the names and the description of the sureties and the amounts for which each surety has bound himself or herself).

Dated the .......... day of .............................. 20..........

To (Name of Respondent)

(Address)

Petitioner.

(5)

(Rule 9(3))

Summons.

(Title as in the case of the Petition)

Let all Parties Concerned attend the judge in chambers at Saint Lucia in Castries on .............................. the .......... day of .............................. 20.......... on the hearing of an objection to the recognizance on the part of the respondent on the ground that the surety is insufficient (or that he or she cannot be found or ascertained for want of sufficient description in the recognizance, or that the surety named in the recognizance has not duly acknowledged the same, as the case may be).

Dated the .......... day of .............................. 20..........

This Summons is taken out by .............................. of .............................. Attorney-at-law for .............................. (or personally, as the case may be).

To .............................. The Petitioner.

(6)
(Rules 10(1), 11)
	Order upon a Summons.
	(Title as in the case of the Petition).
Approved.	Before Mr. Justice
The .......... day of .............................. 20..........
P.J. (date).	Upon objection to the security given by the petitioner herein made by summons on the .......... day of .............................. 20..........
and upon reading the affidavit of .............................. dated the .......... day of .............................. 20.......... and hearing the evidence of witnesses personally examined, (if such evidence was required), and counsel on behalf of the parties. It is Declared that the security given by the petitioner in the abovementioned petition is insufficient and It is Ordered that the objection be allowed but that the petitioner be at liberty to remove the objection thereto by deposit with the Director of Finance and Planning of the sum of $.................... within .................... days from this day (the period is not to exceed 10 days) (In case the security is declared sufficient this order shall read — It Is Declared that the security given by the petitioner in the abovementioned petition is sufficient and It Is Ordered that the objection be disallowed And that the costs of this objection be paid by the petitioner (or the respondent, as the case may be).
By the Judge.
Registrar.

(7)

(Rule 4)

Summons for Particulars.

(Title as in the case of the Petition).

Let All Parties Concerned attend the judge in chambers at Saint Lucia in Castries on the .......... day of .............................. 20.......... at .................... a.m./p.m. on the hearing of an application on the part of the respondent that the petitioner do, .......... days before the day appointed for the trial of this petition deliver to the respondent or his or her attorney-at-law particulars in writing of the names of all persons alleged in the .......... paragraph of the petition to have been bribed, and by whom, with the address, and number, if any, on the register, and if none, the occupation of each of the same respectively, the time or times when, and the place or places where, each act of bribery is alleged to have been committed, and the amount and nature thereof.

[The above form may be adapted to allegations of treating, undue influence, personation, etc.]

And that it may be ordered that the petitioner be precluded at the trial of the petition from going into any case in respect of which the aforesaid particulars have not been duly delivered, unless it is otherwise ordered.

Dated this .......... day of .............................. 20..........

Respondent.

The Petitioner and to his or her attorney-at-law.

(8)
(Rule 4)
Particulars Delivered.
(Title as in the case of the Petition).
The following are the particulars delivered by the petitioner to the respondent the .......... day of .............................. 20..........
Bribery.
No. in partic- ulars.	Name of person bribed	Address.	No. on register or occu- pation	Name of person bribing.	Address	Time when bribed.	Place where bribed.	Amount and character of bribe.

(9)

(Rule 12)

Summons to Amend Petition.

(Title as in the case of the Petition).

Let All Parties Concerned attend the judge in chambers at Saint Lucia in the city of Castries on the .......... day of .............................. 20.......... at .................... a.m./p.m. on the hearing of an application on the part of the petitioner that he or she may be at liberty to amend the petition by (here state the amendment required).

Dated the .......... day of .............................. 20..........

Petitioner or Attorney-at-law.

The Respondent and his or her attorney-at-law.

(10)

(Rule 13(2))

Notice to Registrar and Respondent of Application for Leave to Withdraw a Petition.

(Title as in the case of the Petition).

1. The petitioner proposes to apply to withdraw ..................................................... .......................... petition upon the following grounds—

[Here state the grounds].

2. He or she accordingly prays that a day may be appointed for hearing the application.

Dated the .......... day of .............................. 20..........

Petitioner.

To The Registrar.

(11)

(Rules 13(2) and 13(8))

Notice to Public of Application for Leave to Withdraw Petition.

(Title as in the case of the Petition).

Notice Is Hereby Given that the above petitioner has on the .......... day of .............................. 20.......... lodged at the High Court Registry notice of an application to withdraw the petition of which notice the following is a copy—

[Here set out a copy of the notice to Registrar and respondent]

And take notice that by the rule made by the Chief Justice any person who might have been a petitioner in respect of the said election may, within 5 days after the publication by the Registrar of this notice, give notice in writing of his or her intention on the hearing to apply for leave to be substituted as a petitioner.

Dated the .......... day of .............................. 20..........

Registrar.

(12)

(Rule 13(1)).

Summons for Leave to Withdraw Petition.

(Title as in the case of the Petition).

Let All Parties Concerned attend the judge in chambers at Saint Lucia in the city of Castries on .......... the .......... day of .............................. 20.......... at .................... a.m./p.m. on the hearing of an application on the part of the petitioner that he or she be at liberty to withdraw the above petition on the affidavits of the parties to the petition, their attorneys-at-law and election agents filed herein.

Notice of the petitioner's intention to withdraw the petition has been given to the Registrar and the respondent on the .......... day of .............................. 20.........., and the Registrar has caused a copy of the said notice to be published in the Gazette and in a newspaper in Saint Lucia.

Dated the .......... day of .............................. 20...........

Petitioner.

The Registrar and the Respondent and his or her attorney-at-law.

(13)

(Rule 14(3))

Notice of Abatement of Petition.

(Title as in the case of the Petition).

Take Notice that the petitioner (or the survivor of the several petitioners) in the above petition died on the .......... day of .............................. 20.......... at .............................. in the .............................. of .............................. and that consequently the said petition was abated by such death.

Dated the .......... day of .............................. 20...........

Sgd.

A party or person interested in the petition.

(14)

(Rule 14(4))

Summons for substitution of a Petitioner in place of a Deceased Petitioner.

(Title as in the case of the Petition).

Let All Parties Concerned attend the judge in chambers at Saint Lucia in the city of Castries on .............................. the .......... day of .............................. 20.......... at .................... a.m./p.m. on the hearing of an application on the part of .............................. a person who might have been a petitioner in respect of the election to which the petition relates, for an order that he or she the said .............................. be substituted as a petitioner.

Security in accordance with these Rules has been given as proved by the affidavit of the applicant in support of this application.

Dated the .......... day of .............................. 20...........

Sgd.

Applicant to be substituted a petitioner.

(15)

(Rule 15(1))

Notice to be Published of Death of the Respondent.

(Title as in the case of the Petition).

Take Notice that .............................. the respondent died on the .......... day of .............................. 20.......... at .............................. in the .............................. of

Sgd.

A person entitled to be a petitioner in
respect of the election questioned.

(16)

(Rule 15(1))

Notice to be Published by Respondent of Intention not to Oppose the Petition.

(Title as in the case of the Petition).

Take Notice that I the undersigned respondent do not intend to oppose the above petition.

Respondent.

The Registrar and the Petitioner.

(17)

(Rule 15(1))

Summons to be Admitted a Respondent to Oppose the Petition.

(Title as in the case of the Petition).

Let all Parties Concerned attend the judge in chambers at Saint Lucia in the city of Castries on the .......... day of .............................. 20.......... at .................... a.m./p.m. on the hearing of an application on the part of the .............................. undersigned .............................. to be admitted as a respondent to oppose the petition in place of .............................. who died on the .......... day of .............................. 20...........

Sgd.

Applicant.

(18)

(Rule 18).

Notice of Recriminatory Grounds

(Title as in the case of the Petition).

Take Notice that I the respondent in the abovementioned petition intend to complain of the election of .............................., the person on whose behalf the seat is claimed undue and that the following are the grounds on which I intend to rely in support of that complaint—

(Here set out the grounds which the respondent intends to complain of).

Respondent or his or her Attorney-at-law

The Petitioner and his or her Attorney-at-law.

(19)

(Rule 21(a)).

Notice of Trial

(Title as in the case of the Petition).

Take Notice that the above petition (or petitions) will be tried in the High Court at Saint Lucia in Castries on .............................. the .......... day of .............................. 20.......... commencing at .................... a.m./p.m. and on such other subsequent days as may be needful.

Registrar.

The Petitioner and the Respondent and their Attorneys-at-law.

(20)

(Rule 21(d)).

Summons to turn Petition into Special Case.

(Title as in the case of the Petition).

Let all Parties concerned attend the judge in chambers at Saint Lucia in the city of Castries on .............................. the .......... day of .............................. 20.......... at .................... a.m./p.m. on the hearing of an application on the part of the petitioner (or respondent) that the case raised by the petitioner be stated as a special case, and that in the event of the parties differing the same be referred to .............................. to settle, and that the costs of this application be costs in the petition.

Dated the .......... day of .............................. 20...........

Petitioner or his or her Attorney-at-law.

The Respondent and his or her Attorney-at-law
or the Petitioner or his or her Attorney-at-law .............................. or

Respondent or his or her Attorney-at-law.

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Schedule 2

1. Short Title

2. Interpretation

3. Commission and electoral districts

4. Appointment of officers and establishment of offices

5. Duties and functions of registration and other officers

6. Qualification for Voting