The Nationalist Party lost the court case demanding that there be a re-run of the early voting held at the prison on Saturday. The Constitutional Court cited a lack of jurisdiction after the PN claimed irregularities.
The Opposition had argued that prisoners sentenced to imprisonment for more than a year had been allowed to vote, despite this being a violation of electoral law.
Arguing through its lawyer Ian Refalo, the Electoral Commission said that if the PN’s request was to be upheld the commission would not be able to wrap up the election process.
‘This is the first time they are trying to stop the electoral process’ said Refalo. He insisted that the party could have filed an application at the appropriate time to have those voters struck off the register.
Whenever the updated registered is published, there is a 14 day time window within which corrections are allowed. On the other hand, PN lawyer Paul Borg Olivier argued that the intention by the PN was not to block or delay the general election but to have a revision of the early voting.
Olivier was assisting PN general secretary Michael Piccinino. If the updated list of ineligible voters was not communicated to the Electoral commission by the court registrar, the commission had a duty to correct the information.
The commission’s lawyer insisted that once the register was published, the information was deemed true. Thus, the commission could not touch the register, making a re-run apply to the same voters.
The PN’s lawyer said that the commission’s lawyer was adopting a restrictive interpretation of law. Chief Justice dismissed the PN request and declared that the court lacked jurisdiction to decide upon the matter. The court also revoked an injunction which it had upheld provisionally.
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