1982 Ed.]
Electoral Provisions (Election Petitions) Rules
[CAP. 367
C3
[Subsidiary]
(2) Service shall be effected in the manner in which a writ of summons is served and an affidavit of service shall be filed as soon as practicable after service has been effected.
7. (1) Application to the Court for directions under section 36(2) of the Ordinance as to the amount and the manner and form of security shall be made by the petitioner by summons to a judge in chambers.
(2) The copy of the summons which it is desired should be issued for directions aforesaid shall be filed within 2 days after the presentation of the petition or such other period as the Court may direct, and the Registrar shall thereupon forthwith issue the summons.
(3) Where the amount of the security for costs which the petitioner proposes to give is the maximum which may be directed under section 36 of the Ordinance and the petitioner proposes to give such security by the deposit of money to the extent of that amount, the application to fix the security at that amount and for a direction that the security shall be given by deposit as aforesaid may be made ex parte by summons, but in such a case the Registrar shall by endorsement on the summons order the petitioner to appear at the time and place directed by the Registrar, being not later than 5 days after the presentation of the petition; in all other cases the application for directions shall be made inter partes by summons the return-day of which shall not be later than 5 days after the presentation of the petition or the expiration of such other period as the Court may direct for giving security under section 36(1) of the Ordinance.
8. Where it is proposed to give security under section 36 of the Ordinance wholly or partly by recognizance entered into by a surety or sureties, the petitioner shall, together with the copy of the summons referred to in rule 7(2), file an affidavit sworn by each proposed surety and stating that after payment of all his debts he is worth a sum not less than the sum to be specified in the affidavit being the sum for which it is proposed that he should be bound by a recognizance, and the petitioner shall forthwith serve or cause to be served on the respondent a copy of the affidavit together with the summons issued pursuant to rule 7(2).
9. The respondent to a petition at the hearing of the summons for directions under rule 7 may object to any recognizance on the grounds that any surety is insufficient or is dead or cannot be found or ascertained for want of a sufficient description in the copy of the affidavit of the surety served on him pursuant to rule 8 or in the notice served on him under rule 6.
10. (1) Within 28 days after the day on which security is given by the petitioner in accordance with section 36 of the Ordinance and these rules, the petitioner shall apply by summons to a judge for a
Manner of application for directions as to security,
Affidavit of service to be filed and served on respondents.
Grounds of objection to recognizance.
Time and place for trial of petition.