Questionable Conduct: The Jamaican Political Reality

Abe Dabdoub and his esteemed legal team have brought to the fore a wide array of case authorities to support their position. Below is a case which was not cited in the original submissions before the Court of Appeal but was unearthed subsequently. It is interesting since it emanates from a Commonwealth jurisdiction. Per Shah J. " We are again unable to see any logic in the assumption that votes cast in favour of a person who is regarded by the Returning Officer as validly nominated, but who is in truth disqualified, could still be treated as valid votes. " Konappa Rudrappa Nadgouda v _indian Case Publish at Scribd or explore others: Other Business & Legal election petition constitutional law

Applying the Ruling Chief Justice McCalla has ruled that the renewal of and travel on a US passport by an adult Jamaican are indicative of “ acknowledgement of allegiance, obedience or adherence to a foreign Power or State” as outlined in Section 40 (2) of the Constitution of Jamaica. Consequently, such disqualified the individual from being duly nominated as a candidate for elections to the Parliament. Section 39 contains similar wording. Applying McCalla’s ruling such also disqualified an individual from being appointed to the Senate. Another application relates to a seat of a sitting member becoming vacant - Section 41(d). Hence if the member acquired a US passport- irrespective of whether or not he uses it -after assuming the relevant position in the House, the seat shall be declared vacant. The situation is quite straightforward where, as an adult, the individual indulges in any act which may be indicative of channeling allegiance to another state (except Jamaica ). According to...