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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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Κυπριακή νομολογία στην οποία κάνει αναφορά η απόφαση αυτή:
Μεταγενέστερη νομολογία η οποία κάνει αναφορά στην απόφαση αυτή:
Δεν έχει εντοπιστεί απόφαση η οποία να κάνει αναφορά στην απόφαση αυτή
(1986) 3 CLR 1011
1986 May 19
[A. LOIZOU, SAVVIDES, LORIS, STYLIANIDES, KOURRIS, JJ.]
MODESTOS PITSILLOS,
Appellant-Applicant,
v.
THE REPUBLIC OF CYPRUS, THROUGH
THE ATTORNEY-GENERAL OF THE REPUBLIC
AND OTHERS,
Respondents.
(Revisional Jurisdiction Appeal No. 514).
Revisional Jurisdiction—Refusal to furnish applicant with the necessary forms in order to present his candidature in relation to the Presidential election of 1978—Not justiciable under Article 146 of the Constitution—Applicant's only remedy an election petition.
This is an appeal from the judgment of the President of this Court whereby appellant's recourse was dismissed on the ground that it was in respect of a subject-matter which ought to be the subject of a procedure under Article 145 of the Constitution.
By means of the said recourse the appellant complained that when on 26.1.78 he asked from the appropriate officer to be given the relevant forms for completion and submission of his candidature for the Office of the President of the Republic, such officer refused to give him the said forms. Though these allegations were denied, there was no ascertainment of their truth at the trial.
Held, dismissing the appeal, that the facts of the case cannot be separated from the election procedure arid the validity of the election to the Office of the President of the Republic and, consequently, they are not subject to the Jurisdiction of Article 146 of the Constitution. Applicant's only remedy was an election petition.
Appeal dismissed.
£50 costs against appellant.
Cases referred to:
Seposv.The Presidential Election Officer (1968) 3 C.L.R. 82
Pitsillosv.The Republic (1971) 3 C.L.R. 39
Pitsillosv.The Republic (1982) 3 C.L.R. 679 upheld on appeal.
Appeal.
Appeal against the judgment of the President of the Supreme Court of Cyprus (Triantafyllides, P.) given on the 29th June, 1985 (Revisional Jurisdiction Case No. 78/78) whereby appellant's recourse, against the refusal of the respondents to furnish him with the necessary forms in order to present his candidature in relation to the Presidential Elections in 1978 was dismissed.
Appellant appeared in person.
G. Erotokritpu (Mrs.), Senior Counsel of the Republic, for the respondent
Cur.adv. vult.
A. LOIZOU J. read the following judgment of the Court. In this appeal from the judgment of the learned President of the Court, filed by virtue of the provisions of Section 11(2) of the Administration of Justice (Miscellaneous Provisions) Law 1964, the appellant complains that the dismissal of his recourse on the ground that it was in respect of a subject matter which in accordance with Article 145 of the Constitution ought to be the subject of a procedure as prescribed by this Article is wrong in Law and under the Constitution and that the learned President, who tried in the first instance the case, ought to have dealt with the case on its merits.
The facts which the appellant alleged in his recourse are briefly the following:-
In time and before the submission of candidatures for the election of President of the Republic in 1978, and in actual fact on the 26th January 1978.the appellant asked from the appropriate officer to be given, as he alleged,—which the other side denied to have done, but there was no ascertainment of the truth of this allegation at the trial— the relevant forms for completion and submission of his candidature for the Office of the President of the Republic.
The learned President of this Court heard the preliminary objection and upon sustaining it as correct dismissed the recourse. In the reasoning of his judgment he referred to the case of Seposv. The Presidential Election Returning Officer (1969) 3 C.L.R. 82; Pitsillosv.The Republic (1982) 3 C.L.R. 679 which latter case was upheld on appeal in Revisional Jurisdiction Appeal No. 268.
There is no doubt that the facts of this ease constitute elements solidly interconnected with the election procedure and the validity of the election to the Office of the President of the Republic and cannot be separated from it and for that reason they are not subject to the Revisional Jurisdiction of this Court under Article 146 of the Constitution and the only remedy was by an election petition within the jurisdiction which is specified from this Article. Hence the first instance judgment is upheld and the present appeal is dismissed.
Once, however, the subject was clearly defined by our Case Law, this Court hereby adjudges that the appellant pays fifty pounds against the costs of the Republic.
Appeal dismissed.
Appellant to pay £50.- costs.