Court dismisses strike-out application and sets hearing dates for two election petitions.
Zypern (CY)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the application to strike out one election petition, ruling that sufficient argument was not heard to determine if it was identical to another pending petition. The court fixed hearing dates for both petitions in November 1981 and allowed the applicant to abandon the first petition if desired. Consequently, the procedural outcome was a stay of the strike-out motion while the cases proceed to full trial.
Legislator-Regeste
KI-generiertRule 12 of the Elections of the Members of the House of Representatives (Election Petitions) Rules of Court, 1981; Rule 16 to 19 of the same Rules. The court may not strike out an election petition on grounds of identity without sufficient argument and must fix dates for hearing both petitions.
Schlagwörter
KI-generiertZitierte Gesetzesbestimmungen
KI-generiertVerwandte Entscheide
KI-generiertVolltext
[*159] 1981 Sept. 8
(TRIANTAFYLLIDES, P., L. LOIZOU, HADJIANASTASSIOU, A. LOIZCU, MALACHTOS, DEMETRIADES, SAVVIDES, JJ.)
In the matter of Election Petitions in respect of the elections for the Constituencies of Nicosia and Larnaca.
Between: Leandros Zachariades of Nicosia.
Applicant,
and
1. Demetrios Liveras, of Nicosia,
2. Andreas Mathikolonis, of Larnaca,
3. Hamibis Kyriakou, of Larnaca,
4. Toumazos Kontozis, Chief Returning Officer, Ministry of Interior,
5. The Minister of the Interior,
Respondents.
(Election Petition No. 1/81).
Between: Leandros Zachariades, of Nicosia,
Applicant,
and
1. Demetrios Liveras, of Nicosia,
2. Andreas Mathikolonis, of Larnaca,
3. Hamibis Kyriakou, of Larnaca,
4. Toumazos Kontozis, Chief Returning Officer, Ministry of Interior,
5. The Minister of Interior,
6. The Democratic Party (ΔΗΚΟ),
7. The Democratic Rally (ΔΗΣΥ),
Respondents.
(Election Petition No 4/81). [*160]
Practice - Elections - Parliamentary elections - Summons - for directions - Rule 12 of the Elections of the Members of the House of Representatives (Election Petitions) Rules of Court, 1981.
A. Markides with Chr. Triantafyllides, for the Applicant in both petitions.
G. Polyviou with P. Polyviou, for Respondent 1 in both petitions.
X. Syllouris, for Respondent
2 in both petitions.
No appearance for Respondent
3 in both petitions.
K. Michaelides, for Respondents 4 and 5 in both petitions.
No appearance for Respondent
6 in petition No. 4/81.
A. HadjiIoannou, for Respondent 7 in .petition No. 4/81
DECISION
TRIANTAFYLLIDES,P. gave the following decision of the Court: In these two election petitions we are dealing, at this stage, with summonses for directions which have been filed under rule 12 of the Elections of Members of the House of Representatives (Election Petitions) Rules of Court, 1981.
With the consent of counsel for all the parties before us we have dealt with both summonses together.
Having heard and considered all that has been submitted by counsel we have decided not to adjourn petition No. 1/81 sine die pending the final determination on its merits of petition No. 4/81, as has been applied for [*161] by counsel for the applicant, by means of the summons for directions in petition No. 1/81.
On the other hand, having not heard sufficient argument today as regards whether it is open to us in law to strike out petition No. 1/81 on the ground that it is the same as petition No. 4/81, and having also in mind rules 16 to 19 of the aforementioned Rules of Court, we have decided not to proceed to strike out now petition No. 1/81, as was applied for, orally today, by some of the counsel for the respondents.
We fix for hearing both these two election petitions on November 5 and November 6, 1981, at 10.00 a.m., and we would like counsel to bear in mind that, in view of the nature of the matters in issue, we plan, in an effort to determine these cases as soon as possible, to sit, also, in the afternoons on those dates.
On November 5 we shall, deal, first with petition No. 1/81. Of course, in the meantime, the applicant in this petition is free to abandon it by resorting to the procedure prescribed by rules 16 to 19 of the aforesaid Rules of Court.
Also, if any respondent applies for petition No. 1/81 to be struck out, on any ground, the hearing of that application will be taken first on November 5.
Counsel for respondent 2 in petition No. 1/81 is granted leave to file his answer within fifteen days from today. [*162]
In relation to petition No. 4/81 the answers of all the respondents who have appeared today before us have already been filed.
As regards the parties who have not appeared today, they will be duly notified by the Registry of this Court that these petitions have been fixed for hearing on November 5 and 6, 1981.
We have decided not to set down, at this stage, any preliminary issues for determination in advance.
The fate of the costs of these summonses for directions will be decided later.
Order accordingly.