clr/1981/1981_1_687.pdf

(1981)(Election Petitions) Rules of Court, 1981 Under these Rules the respondents were entitled to enter their appearances within fifteendays and to file their answers within fifteen days there­ after. The application was mainly based on the ground that it was in the public interest to determine as soon as possible 5 what was the correct composition of the House of Representa­ tives Held, that the abridgement applied for cannot be ordered, because, notwithstanding the desirability of determining, as soon as possible, for obvious reasons of public interest, what 10 is the correct composition of the House of Representatives, it is really essential, in view of the important and novel nature of the present case, to afford to the respondents the penods of timeenvisaged by theaforesaid Rules of Court for thepurpose of entering their appeaiances,filingtheir answers and,in general, 15 considering the issues arising in relation to the fate and outcome of this election petition Application dismissed Application. Application for abridgement to one day of the penods of 20 time within which the i:spondents will enter their appearances and file their answers in an Election Petition against the alloca­ tion of two seats of the House of Representatives A Markides with Chr Triantafyllides, for the applicant. G Polyvioti with Ρ Polwwu and C Pambalhs, for respo- 25 ndent1 Respondent 2 appeared in person Respondent 3 absent K. Michaelides, for respondents 4 and 5. Mr. CI. Antoniades, Senior Counsel of the Republic, states that, )f it is thought by the Court, or by any of the parties, that it is desirable that ihe Attorney-General of the Republic should take part m these proceedings as an amicus curiae, the AttorneyGeneral is prepared lo consider such a course 30 TRIANTAFYLLIDES P. gave the following decision of the Court. The applicant in this election petition, which was filed yesterday, complains, in effect, against the decision of respondent 4 as regards the allocation, pursuant to the General Election of 35 688 1 C.L.R. Zachariades v. Liveras and Others Triantafyllides P. May 24, 1981, of two seats of the House of Representatives, under section 33

(4)(c) of The Election of Members of the House-of Representatives .Law, 1979(Law 72/79), as amended, particularly in this respect, by the Election of Members of the 5 House of Representatives (Amendment) Law, 1981 (Law 16/81). The said decision was published in the Official Gazette of the Republic· on May 26,

1. The applicant has, also, filed yesterday an application for abridgement to one day of the periods of time within which 10 the respondents will enter their appearances and file their answers underthe relevant provisions of the Election of Members of the House of Representatives (Election Petitions) Rules of Court, 1981, which were published on May 29,
2. Normally the respondents are entitled to enter their 15 appearances within fifteen days, as provided by rule 9 of the aforesaid Rules, and to file their answers to the petition within fifteen days thereafter, as provided by rule 11 of the said Rules. In support of his application for abridgement the applicant has relied, mainly, on the contention that it is in the public 20 interest to determine as soon as -possible what is the correct composition of the House of Representatives. We have fixed this case today so that the parties could be given an immediate opportunity to place before the Court their views as regards the future course of the present procee25 dings, even before the newly elected Members of the House of Representatives make their affirmations tomorrow under Article 69 of the Constitution. AH the respondents who have appeared before us today have opposed theapplication for theabridgement of the periods within 30 which they are entitled to enter their appearances and file their answers. Having weighed alt that has been submitted by the parties to these- proceedings, we have decided that we cannot order the abridgements appliedfor by the applicant, because, notwith35 standing the desirability of determining, as soon as possible, for obvious reasons of publicinterest, what isthe correct composition of the House of Representatives, it is really essential, in view of the important and novel nature of the present case, 689 Triantafyllides P. Zecharlades τ. Liveras and Others

(1981)to afford to the respondents the periods of time envisaged by the aforesaid Rules of Court for the purpose of entering their appearances, filing their answers and, in general, considering the issues arising in relation to the fate and outcome of this election petition. Consequently, this case will take its normal course. Application dismissed. 690 5