1. CORNELIUS, C. J.-A point of substantial importance , arises in this case. The High Court, in Letters Patent appeal has held that an Election Tribunal, when it allows a petition against an election to a Basic Democracy, has complete discretion to decide whether to declare the defeated candidate (there were only two contestants) to have been duly-elected, or to declare the election void; so that a fresh election becomes necessary.
2. The findings of the Tribunal were as follows :-
(1) for a period during the polling the lock and seal on one of the ballot boxes were not intact they were secured when the fact was discovered ;
(2) Counting of votes was done by the Returning Officer and not by the Presiding Officer as required by law
(3) at one polling station, the Polling Officer and a Polling . Clerk, were persons who were, the one indirectly, the other directly, under the authority and influence of a person who was the Election Agent of one candidate ; and (4)the polling camp of this candidate was within 35 yards of the polling booth.
3. Leave to appeal is granted. Security-Rs. 1,000. Stay to continue.