(1)  Except as provided in subsection (2) , an application under section 205 may be lodged with the Registrar of the Supreme Court not later than 90 days after –

(a) the return of the writ for the election concerned; or

(b) in the case of a recount, the Governor is informed of the name of the elected candidate in accordance with section 230 or section 231(3)(b) .

(2)  If a returning officer is unable to decide which candidate or candidates are to be declared elected, the Commission may make an application under section 205 before the return of the writ.