12
13
Abatement of election petition.
Withdrawal and
substitution of respondent.
Validation of
acts done pending election petition.
Vacancy where candidate not duly elected or election void.
Secrecy of vote.
Governor may give directions.
(7) Where there are 2 or more petitioners, an application to withdraw abandon or cease to prosecute an election petition shall not be made except with the consent of all the petitioners.
(8) Any person who contravenes subsection (1) or who fails to furnish a substituted petitioner with evidence as required by subsection (5) commits an offence and is liable to a fine of $5,000, and in case of an individual, to imprisonment for 6 months.
37. (1) An election petition shall, in the case of an election petition presented by one or more individuals, be abated by the death of that petitioner or the death of the survivor of those petitioners.
(2) The abatement of an election petition under subsection (1) shall not affect the liability of the estate of the petitioner or the liability of any other person for the payment of costs previously incurred.
(3) On the abatement of an election petition the Registrar shall cause a notice thereof to be published in the Gazette, and within 14 days after the publication of such notice, any person who might have been a petitioner in respect of the election may apply to the Court to be substituted as a petitioner, and the Court may, if it thinks fit, substitute that person accordingly.
(4) Security shall be given on behalf of a petitioner so substituted to the like extent as in the case of an original election petition.
38. (1) If before the trial of an election petition a respondent other than a returning officer—
(a) dies, resigns or otherwise ceases to hold the office to which the election
petition relates; or
(b) gives the Registrar notice that he does not intend to oppose the election
petition,
the Registrar shall cause notice thereof to be published in the Gazette, and within 14 days after the publication of such notice any person who might have been a petitioner in respect of the election may apply to the Court to be substituted as a respondent to oppose the election petition, and shall be substituted accordingly.
(2) A respondent who has given notice under subsection (1)(b) shall not be allowed to appear or act as a party against the election petition in any proceedings thereon.
39. Where under section 35 the Court certifies a determination that a candidate declared to have been elected in an election has not been duly elected, acts done by him in the execution of his office as an elected Member before the time when the certificate is received by the Chief Secretary shall not be invalidated by reason of that determination.
40. Where the Court determines on an election petition that any person declared to have been elected in the election has not been duly elected and no other person was duly elected, or that the election was void, such first-mentioned person shall cease to hold office as an elected Member.
PART VIII
MISCELLANEOUS PROVISIONS
41. No person who has voted at an election shall be required to state for whom he voted.
42. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by any public officer of any of his functions, duties or powers under this Ordinance.
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(2) A public officer shall, in the exercise or performance of his functions, duties powers under this Ordinance, comply with any direction given by the Governor under subsection (1).
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(3) This section shall not apply to any person acting in a judicial capacity.
43. Subject to this Ordinance, the registration officer may specify the form of Forms. any application, notice, record, return or other document required for the purposes of this Ordinance.
44. (1) Proceedings may be instituted in the Court against any person acting as an elected Member or claiming to be entitled so to act on the ground that he is disqualified within the meaning of subsection (8) from acting in that office but no proceedings shall be instituted under this section against any such person after the expiration of 6 months from the date on which he so acted or claimed to be entitled so
to act.
(2) Where in proceedings instituted under this section it is proved that the defendant has acted as an elected Member and is disqualified within the meaning of subsection (8) from acting in that office, the Court may-
(a) make a declaration to that effect;
(b) grant an injunction restraining the defendant from so acting; and
(c) order that the defendant shall pay to the Crown such sum as the Court thinks fit, not exceeding $1,000, for each occasion on which he so acted while disqualified.
(3) Where in proceedings instituted under this section it is proved that the defendant has claimed to be entitled to act as an elected Member and is disqualified within the meaning of subsection (8) from acting in that office, the Court may—
(a) make a declaration to that effect; and
(b) grant an injunction restraining the defendant from so acting.
(4) No proceedings shall be instituted under this section by any person other than an elector or the Attorney General.
(5) Where proceedings are instituted under this section by a person other than the Attorney General such proceedings shall be stayed until such person shall give security for all costs, charges and expenses which may become payable by such person to any witness giving evidence in the proceedings on that person's behalf or to a defendant.
(6) Any security given under this section shall be of such amount not exceeding $20,000, and shall be given in such manner and form, as the Court may direct.
(7) Except as provided by this section, no proceedings shall be instituted against a person on the ground that he has, while disqualified from acting as an elected Member, so acted or claimed to be entitled so to act.
(8) For the purposes of this section, a person is disqualified from acting as an elected Member if—
(a) he is not qualified to be, or is disqualified from being, such elected Member;
or
(b) he has ceased to hold office as such elected Member.
45. Except as otherwise provided in this Ordinance any complaint or informa- tion in respect of the commission of an offence against this Ordinance shall be laid within 3 years from the date of such commission.
Proceedings against persons
on grounds of disqualification.
Time limit for laying complaint
or information.
46. The Governor in Council may, by order published in the Gazette, amend the Amendment of First and Second Schedules.
Schedules.