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Momodou
Denmark
11737 Posts |
 Posted - 18 Jan 2008 : 19:53:45
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Foroyaa Editorial
IS REPLACEMENT OF A CANDIDATE POSSIBLE AFTER A WITHDRAWAL OUTSIDE THE STIPULATED PERIOD?
Readers have been asking whether a candidate can be withdrawn and replaced outside the period established for the withdrawal of candidature by law.
According to section 51 of the Elections Decree, there is withdrawal within 20 days before the date of holding an election.
Section 51 subsection (1) reads:”Any candidate may withdraw from his candidature by notice in writing signed by him and delivered by himself or one of the persons nominating him to the returning officer no later than four o’ clock in the afternoon of the twentieth day before the date of election, or where the election is to be held over a period of days, before the first day of that period.”
Furthermore, section 54 makes provision for the death of a candidate. In short, if a candidate dies before the date established for withdrawal, the IEC is required by section 51 to issue a notice calling for fresh nomination for the office.
If the person dies after the date set for the withdrawal of candidates the IEC is required to defer the holding of elections with respect to such electoral office.
On the other hand if a candidate who had registered his name under a party withdraws within twenty days before the holding of election the IEC is required to give the Political Party the option of fielding another candidate within 7 days from the date of the withdrawal. Section 51 subsection (4) reads: “When the candidate
withdrawing his candidature had registered his nomination under a political party that political party may within seven days from the date of the withdrawal field another candidate.”
The IEC may give shorter notice as to when the party shall hold such nomination.
Section 51 subsection (5) reads: “A candidate fielded under subsection (4) shall be nominated in accordance with the provisions of this part, provided that the returning officer may give such shorter notice when such nomination shall be held as he may deem fit.”
There is no provision in the Elections Decree which indicates what the IEC should do if a candidate of a political party withdraws outside the period stipulated for the statutory withdrawal of Candidates which is 20 days before the holding of an election. The IEC needs to hold a press conference to explain the legal basis for accepting the withdrawal of one candidate and the nomination of a new candidate in his place.
Source: Foroyaa Newspaper Burning Issues
Issue No. 008/2008, 18 – 20 January 2008
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