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Senior Puisne Judge Marva McIntosh is to give her decision on Monday in an application brought by Jamaica Labour Party Member of Parliament Gregory Mair to strike out an election petition filed against him.

Mair is contending that he was not properly served with the election petition which People's National Party candidate Phyllis Mitchell has filed in the Supreme Court.

Mitchell is contending that Mair has dual citizenship therefore, under the Constitution, he was not entitled to be a Member of Parliament. She is claiming that Mair has Venezuelan citizenship.

Mair's lawyers are seeking to have the petition struck out on the grounds that Mair was given a copy of the claim form while he was sitting in Parliament. They argued that the law states that such documents cannot be served in Parliament.

Mitchell's lawyers are contending that the petition was also sent by post to the address in the constituency which Mair gave to the Electoral Office.

The judge reserved her decision Thursday after hearing legal submissions from all the parties.