Georges v Electoral Commission (CS 58/2012) [2012] SCSC 55 (30 July 2012)

Section 97(2) of the Elections Act clearly and unambiguously requires the Electoral Commission to allocate free broadcasting time to both registered political parties and candidates, and the Commission's decision to do so in the by-election was lawful, reasonable, and valid.

Citation: [2012] SCSC 55
Parties: Petitioner: Lucas Meinard Wallis Georges; Respondent: Electoral Commission
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 30 July 2012
Case Number: CS 58/2012
Procedural Posture: Judicial Review / Judgment
Outcome: Petition dismissed
Legal Topics: Allocation of Broadcasting Time, Interpretation of Statute, Judicial Review, Election Rights
Source Language: English

Constitutional Law Administrative Law Election Law Allocation of Broadcasting Time Interpretation of Statute Judicial Review Election Rights

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2

Parties

Lucas Meinard Wallis Georges

Petitioner

Electoral Commission

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

1 Whether the Electoral Commission misconstrued, misinterpreted, or misapplied section 97(2) of the Elections Act in allocating free broadcasting time.
2 Whether the allocation of free broadcasting time to political parties in a by-election is unlawful, illegal, or ultra vires.
3 Whether the Electoral Commission acted unreasonably or irrationally in its allocation decision.

Ratio Decidendi

Court Disposition

Petition dismissed