9 Sept 1994
CHAN PO MING, ERIC Ex-parte
- Citation
- CHAN PO MING, ERIC Ex-parte
- Court
- Court of Appeal
- Case number
- CACV160/1994
Majority held that the applicants' complaints amounted to 'material irregularity relating to the election' and therefore under s.30(1)(a)(iii) and s.30(2) the proper remedy is an election petition presented under s.31 after polling; Reg.9(7) is intra vires and reinforces that returning officer determinations on nominations are to be challenged only by election petition; accordingly the appeals are dismissed (Godfrey J.A. agreed on dismissal but held judicial review may in principle be available pre-election and was refused here on discretionary grounds).