The judiciary, henceforth, will not accept any election-related dispute that crops up during the election period, except complaints pertaining to error of electronic voting machine. The election laws, according to a recent election related guideline issued to all courts in Bhutan by the Supreme Court (SC), were enacted barring the jurisdiction of the courts in all election matters during the election period. “Therefore, any problems or complaints related to the election period must be decided by the election dispute settlement bodies at the district, national and the election commission, with the opportunity to appeal to the court only as a last resort,” stated the guideline signed by chief justice Sonam Tobgye.
The election dispute settlement rules and regulations, 2009 defines Election Period as the period beginning on the day of issue of notification, and ending with the declaration of results. It also states that “A court of law shall, in order to provide an uninterrupted election process in the kingdom, not have jurisdiction to question the legality of any action taken or of any decision given by the commission or its officers or by any other person under this rules and regulations, during the election period.”
“Since the provisions of the Election Act, 2008 and the election settlement rules and regulations ousted the jurisdiction of the court, it is the responsibility of the election dispute settlement bodies to accept and decide any problems or complaints related to the election period,” a SC justice said. Read More »
