Chow v Gappy & Ors (3 of 2007) [2007] SCCC 1 (3 April 2007)

Chow v Gappy & Ors (3 of 2007) [2007] SCCC 1 (3 April 2007)

The petition was dismissed because the petitioner failed to plead and establish an actual contravention of the Constitution or show how his interest was affected as required by Article 130(1). Article 79(2) does not apply to general elections following dissolution under Article 110; such elections are governed by...

Source-derived case information.

Citation
[2007] SCCC 1
Parties
Petitioner: Paul Chow; 1st Respondent: Hendricks Gappy; 2nd Respondent: The Attorney General; 3rd Respondent: Mr. France Albert Rene; 4th Respondent: Mr. Wavel Ramkalawan
Court
Constitutional Court
Jurisdiction
Seychelles
Judgment Date
3 April 2007
Case Number
3 of 2007
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition dismissed
Legal Topics
Locus Standi, General Elections, By Elections, Interpretation of Constitutional Provisions
Source Language
english
Constitutional Law Election Law Locus Standi General Elections By Elections Interpretation of Constitutional Provisions

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Summary, issues, holding and outcome

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Parties

Paul Chow

Petitioner

Hendricks Gappy

1st Respondent

The Attorney General

2nd Respondent

Mr. France Albert Rene

3rd Respondent

Mr. Wavel Ramkalawan

4th Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the announcement and publication of the dates of the general election by the Electoral Commissioner contravened Article 79(1)(2) and Article 81(1)(a) of the Constitution of Seychelles.
  2. 2 Whether the petitioner had locus standi under Article 130(1) of the Constitution.

Ratio Decidendi

The petition was dismissed because the petitioner failed to plead and establish an actual contravention of the Constitution or show how his interest was affected as required by Article 130(1). Article 79(2) does not apply to general elections following dissolution under Article 110; such elections are governed by the Elections Act and are general elections, not by-elections.

Court Disposition

Petition dismissed