JAMAICA-Court dismisses application filed by defeated candidate.

KINGSTOWN, Jamaica, CMC – The Supreme Court on Monday dismissed an application by a member of the main opposition People’s National Party (PNP) that sought to overturn the

Victory by Prime Minister Andrew Holness in his St. Andrew West Central constituency in the September 3 general election.

In dismissing the application filed by Paul Buchanan, who had contested the seat against the leader of the ruling Jamaica Labour Party (JLP), the court ruled that the application was not arguable and was subject to a “knock-out blow” in the law.

Buhanan had applied for permission to seek judicial review of the decision of the Constituted Authority not to apply to the Election Court to void the election results.

But Justice Sonya Wint-Blair found that the mandatory statutory time period for challenging the election results had expired, and that the October 8 judicial review application was futile and that even if the court granted the orders compelling the Constituted Authority to refer the matter, the outcome would be void because the law prevents the court from extending the time set by Parliament for such electoral challenges.

“In electoral matters, time is of the essence. Therefore, not only must this court be satisfied that the threshold test for leave has been surmounted, but there must also be an overlay of electoral realities as a matter of law,” Justice Wint-Blair said, adding, “the threshold test has not been surmounted.

The Constituted Authority is a special independent public body created under Jamaica’s election laws to protect the integrity of national elections by deciding whether a flawed election should be sent to the Election Court, which could void results.

The statutory period for the Constituted Authority to apply to the Election Court to void the taking of a poll is fourteen days from the date the vote was taken.

Buchanan had alleged numerous irregularities in the St Andrew West Central polling, raising concerns about the Electronic Voter Identification System and the voter identification process. But the Constituted Authority dismissed his complaints.

“In this application, this court is being asked to make orders compelling the authority to apply to have the election result voided; however, this court has not received material evidence from the candidate concerning the delay in requesting the authority,” Justice Wint-Blair said.

“It is for Mr Buchanan to show that there are grounds for judicial review in the decision-making process of the authority, as the court is not concerned to correct the decision made by the authority,” Justice Wint-Blair said, adding also that Buchanan did not provide details on his “inaction” during the period since the election date.

“This period of inaction between September 3 -15, 2025, remains unexplained by Mr Buchanan.

“The unexplained delay in taking any steps to prosecute the electoral matter did not make judicial review an effective remedy when viewed within the legislative scheme,” Justice Wint-Blair said.

In its October 1 decision, the Constituted Authority said Buchanan relied on Section 37(e) of the Election Petition Act, which deals with violence or irregularities capable of distorting or subverting the process of free and fair elections. It concluded, however, that the evidence presented did not meet the statutory threshold.

Holness, who led the JULP to an unprecedented third consecutive term in office, won his seat, securing 7,054 votes as against 4,953 for Buchanan.