Judgment No. CCZ 3/14 10 Const. Application No. CCZ 64/13 A reading of the provisions relating to the special vote discloses that the mischief designed to be remedied by these provisions was the possibility of double voting by persons authorised to cast a special vote. It appears to me that subs (2) of s 81B was predicated upon a situation where all facilities were available to enable the special voters to vote. Thus s81 of the Act provides for the dates for special voting; the places where the votes may be cast; the form of applications for special voting and requirements therefor; the drawing of lines on the voters’ rolls in the constituencies where the names of the special voters appear and marking them “SV”; the conduct of the special poll and the handling of the ballots. It does not, in my view, envisage a state of affairs, such as presently obtains, where the State or the applicants have failed to put in place the necessary measures to ensure that the special voters would be able to cast their ballots upon presentation of themselves at the polling station for that purpose. Indeed, it seems clear that Parliament did not intend that this provision would apply in a case such as the instant one where the special voters attended at the designated polling stations in order to cast their votes and waited all day to do so only to be turned away because the proper measures were not put in place by the State. Such an intention would clearly be contrary to the Constitution. We are, for the above reasons, of the view that s 81B(2) was intended by Parliament to apply only in circumstances where all measures necessary to enable successful applicants to cast their special votes had been taken by the responsible agents of the State. There was, therefore, no impediment to the grant of the order sought by the applicants, as amended, so as to cover only those special voters who failed to vote through no fault of their own.