Introduction A massive amount of time and resources have been devoted to the issue of the course to be properly taken once a victorious electoral candidate has been found to be "disqualified" under S. 40 of the Constitution of Jamaica. Simply put, the crux of the matter is whether the second place candidate should, without more, be accorded the seat by the court; or that the said election be deemed null and void and a by-election ordered to decide the people's representative. This matter consumed inordinate amounts of energy - judicial and otherwise - due primarily to the silence of the Constitution on what recourse should be adopted in such circumstance. A cardinal tenet of democratic government is that the people must decide their representatives and not a select grouping - no matter their qualification or status. The Constitution of Jamaica fully recognized this imperative even though it expressly delegates the determination of questions as to membership of either Ho