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PART
V
ELECTION PETITION
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18. (1) No election of a candidate as a
councillor shall be quetioned except by an
election petition presented under this Part
(2) The election of a candidate as a
councillor shall be void on any of the
following grounds if it is proved to the
satisfaction of the court upon the trial of an
election petition:
(a) that by reason of any corrupt practice
committed in connection with the election or
by reason of other misconduct, the majority of
voters in a ward were or may have been
prevented from electing the candidate in that
ward whom they preferred;
(b) subject to subsection (4), that there has
been a non-compliance
with the provisions of this Act relating to
the conduct of elections, and it appears to
the court that the election was not conducted
in accordance with the principles laid down in
such provisions and that such provisions and
that such non-compliance affected the result
of the election;
(c) that any corrupt practice or illegal
practice was committed in connection with the
election by, or with the knowledge and consent
or approval of, the candidate or his election
agent or his polling agents; or
(d)that the candidate was at the time of his
election a person not qualified or a person
disqualified for election as a councillor.
(3) Notwithstanding subsection, (2) where upon
the trial of an election petition, the court
finds that any corrupt practice or illegal
practice has been committed by, or with the
knowledge and consent or approval of, any
agent of the candidate whose election is the
subject of the election petition, and the
court further finds that such candidate has
proved that-
(a) no corrupt practice or illegal practice
was committed by the candidate himself or by
his election agent, or with the knowledge and
consent or approval of the candidate or his
election agent;
(b) the candidate and his election agent took
all reasonable means for preventing the
commission of corrupt practice or illegal
practice at such election; and
(c) in all other respects the election was
free from any corrupt practice or illegal
practice on the part of the candidate or his
election agent; .
then, the court shall not, by reason only of
such corrupt practice or
illegal practice, declare that the election of
such candidate was void.
(4) No election shall be declared void by
reason only of any act or omission by an
election officer in breach of his official
duty in connection with an election if it
appears to the court that the election was so
conducted as to be substantially in accordance
with the Act, and that such act or omission
did not affect the result of that election. |
Avoidance
of elections |
19.
An election petition may be presented to the
court by one or more of the following persons:
(a) a person who lawfully voted or had a right
to vote at the election to which the election
petition relates;
(b) a person claiming to have had a right to
be nominated as a candidate or elected as
councillor at the election to which the
election petition relates; or
(c) a person alleging himself to have been a
candidate at the election to which the
election petition relates; or
(d) the Attomey-General. |
Who
may present election petition |
20.
( I) Any of the following reliefs may be
claimed in any petition
(a) a declaratIon that the election was void;
or
(b) a declaration that any Gandidate was duly
elected.
(2) In addition to the reliefs, specified in
subsection (I), a petitioner may apply to the
court, upon the trial of an election petition,
for a scrutiny to be carried out by the court
in such manner as the court may determine.
(3) On a scrutiny at the trial of an election
petition, the following votes only shall be
held invalid:
(a) the vote of any person whose name was not
on the register of voters assigned to the
polling station at which the vote was cast or
who was not authorised to vote at such polling
station under this Act;
(b) the vote of any person whose vote was
procured by any corrupt practice or illegal
practice;
(c) the vote of any person who committed or
procured the commission of personation at the
election to which the election petition
relates, contrary to this Act;
(d) the vote of any person proved to have
voted more than once at the election to which
the election petition relates; or
(e) the vote of any person who was
disqualified from voting at the election to
which the election petition relates.
(4) In this section-
"secrutiny" means an inquiry as to
the validity of the votes cast, number of
valid votes
cast, for each candidate in the election in
respect of which the application for a
scrutiny is made, |
Relief
which may be claimed in election |
21.
(1) Every election petition shall be in such
form and shall contain such and matters as may
be prescnbed by the chief Justice.
(2) Presentation of an election petition to
the court sha11 be made by lodging it with the
Registrar in accordance with this Act.
(3) Every election petition shall be signed by
the petitioner, or by all the petitioners if
more than one, and shall be presented not
later than thirty days after the date on which
the result of the election to which it relates
is duly declared.
(4) Not withstanding subsection (3 ), when the
election of a councillor (hereinafter referred
to as "the respondent") is
questioned upon an allegation of a corrupt
practice or an illegal practice, the election
petition may be presented-
(a) at any time before the expiry of
twenty-one days after the day on which the
returning officer :receives the election
expenses of the respondent; or
(b) if the election petition specifically
alleges a payment of money or some other act
to have been made or done since the day
referred to in paragraph (a) by the respondent
or his election agent, or with the privity of
the respondent or of his election agent in
pursuance or in furtherance of the corrupt
practice or illegal practice alleged in the
election petition, at any time within thirty
days after the date of such Payment or other
act.
(5) Where an election petition is presented
under this section, the Registrar shall in
writing so inform the Commission and the
principal officer of the council to which the
petition relates. |
Form
and procedure for presentation of election
petitions |
| 22.
(1) Subject to subsection (2), the Registrar
shall make out a list of all election
petitions presented under this Act, placing
them on such list in order in which they are
presented and he shall keep at his office a
copy of such list which shall be open for
inspection by any person making application
for inspection of it. |
Duty
of Registrar to make out list of election
petitions |
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