Dhanjee v Electoral Commissioner & Ors (SCA 16 of 2011) [2011] SCCA 12 (27 May 2011)

Dhanjee v Electoral Commissioner & Ors (SCA 16 of 2011) [2011] SCCA 12 (27 May 2011)

The application for injunction was dismissed because the balance of convenience did not favor postponement of the election; the electorate’s right to have the elections as scheduled outweighed the applicant’s right to stand for election, especially given the timing and delay in filing the application.

Citation
[2011] SCCA 12
Parties
Applicant: Dhanjee; Respondent: Electoral Commissioner
Court
Court of Appeal
Jurisdiction
Seychelles
Judgment Date
27 May 2011
Case Number
SCA 16 of 2011
Procedural Posture
Application for Interlocutory Injunction / Ruling on Application for Injunction Pending Appeal
Outcome
Application dismissed
Legal Topics
Interlocutory Injunctions, Postponement of Elections, Balance of Convenience
Source Language
English
Constitutional Law Election Law Civil Procedure Interlocutory Injunctions Postponement of Elections Balance of Convenience

Case Brief

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Parties

Dhanjee

Applicant

Electoral Commissioner

Respondent

Procedural Posture

Application for Interlocutory Injunction / Ruling on Application for Injunction Pending Appeal

Legal Issues

  1. 1 Whether an interlocutory injunction should issue to postpone the presidential election pending appeal
  2. 2 Whether the balance of convenience favors granting or refusing the injunction

Ratio Decidendi

The application for injunction was dismissed because the balance of convenience did not favor postponement of the election; the electorate’s right to have the elections as scheduled outweighed the applicant’s right to stand for election, especially given the timing and delay in filing the application.

Court Disposition

Application dismissed

Orders

  • Injunction to postpone the presidential election is refused
  • Application is dismissed