Challenge to Election Results

The validity of any State election may be disputed by petition addressed to the Supreme Court sitting as the Court of Disputed Returns.

A petition to the Court of Disputed Returns may be made by a candidate or an elector at the election in dispute. The candidate's or elector's petition must set out the facts relied on to invalidate the election, the relief sought and be signed by 2 witnesses. The petition must be filed with the Court within 40 days of the return of the Writ.

If the Court of Disputed Returns holds that illegal practices were committed in connection with the election, it has the power to (among other things):

  • declare that any person, who was returned as elected, was not duly elected
  • declare any candidate duly elected, who was not returned, as elected or
  • declare any election absolutely void.