Section 237: Jurisdiction of Court—The plaintiff sought a declaration that the 1991

237. Jurisdiction of Court—The plaintiff sought a declaration that the 1991 general election was null and void. The plaintiff submitted that under section 45 of the Representation of the People Ordinance 1958 (now Act) elections could be challenged on the basis of “bribery, treating, undue influence, illegal practice, irregularity, or any reason whatsoever” but that in the 1982 revised edition of the laws the word “whatsoever” was deleted from the relevant section. The plaintiff contended therefore that the word “reason” had to be read in the light of the preceding words, and this unduly limited the right of people to question elections. HELD under section 37 (5) of the Constitution Parliament has made provision for challenging the validity of the election of a member of the Assembly. The Court may enquire whether undue fetters have been placed on persons wanting to question the validity of the election of a member. The word “reason” in section 45 of the Representation of the People Act is meaningless unless read as “any other reason”. The Law Revision Unit did not have power to change the substance of an enactment. An election may be questioned on the basis of any irregularity whatsoever. Kodabaccus v Electoral Commissioner (1992). D. Electoral Supervisory Commission