Section 241: Representation of the People Ordinance, 1958 (now Act) – Legislative

241. Representation of the People Ordinance, 1958 (now Act) – Legislative Assembly Regulations 1968—The petitioners claimed to have the election of the first respondent declared void by the Court. The respondents having asked for particulars concerning certain of the grounds set out in the petition, the petitioners moved the Judge in Chambers for, among other things, an order allowing them to inspect certain rejected ballot papers. The respondent objected. The Judge referred the matter to Court. HELD it followed from the relevant provisions of the law and from English decisions interpreting cognate English legislation that in the matter of inspection the Court should be governed by 2 interactive principles; (i) it was both in the private and public interest that the correct result of an election should be ascertained; (ii) strict secrecy should be ensured as to the person or persons for whom an elector has voted. To give effect to the first, no undue obstruction should be placed in the way of a bona fide litigant, who questions the return of a candidate, in the preparation and conduct of his case. To give effect to the second, strong grounds should be established by the applicant for inspection and ensure that [Issue 1] CON – 232 Revised Laws of Mauritius the secrecy of the voting should not be exposed to the risk of being violated except in a truly deserving case. Ghurburrun v Jugnauth (1977). F. Intimidation