C4
CAP. 367]
Electoral Provisions (Election Petitions) Rules
[1982 Ed.
[Subsidiary]
Trial of petition.
Lists of objections, etc.,
to be filed before trial.
time and place to be fixed for the trial of the petition and, if the petitioner fails to do so, any respondent may, within a further period of 28 days, apply in the same manner as the petitioner could have done.
(2) If no application to fix the time and place for the trial of the petition is made in accordance with paragraph (1), the Registrar shall refer the matter to a judge, who shall thereupon fix such a time and place.
(3) Not less than 7 days before the day so fixed the Registrar shall cause notice of the time and place of the trial to be displayed in a conspicuous place in the Supreme Court and sent to-
(a) the petitioner;
(b) the respondent;
(c) the Attorney General; and
(d) the Designated Officer.
(4) The Designated Officer shall, forthwith upon receipt of such notice, cause it to be displayed in the same manner as provided under section 33(2) of the Ordinance for a copy of a petition,
11. (1) The trial of a petition shall be proceeded with notwithstanding that the respondent has ceased to hold the office his election to which is questioned by the petition.
(2) On the trial of a petition, unless the Court otherwise directs, any charge of a corrupt or illegal practice may be gone into, and evidence in relation thereto received, before any proof has been given of agency on behalf of any candidate in respect of the corrupt or illegal practice.
(3) On the trial of a petition complaining of an undue election and claiming the office for some person, the respondent, subject to rule 12(4), may give evidence to prove that that person was not duly elected, in the same manner as if he had presented a petition against the election of that person.
12. (1) Where the respondent to a petition complaining of an undue election and claiming the office for some other person intends to give evidence pursuant to rule 11(3) to prove that that person was not duly elected, the respondent shall, not less than 7 days before the day fixed for the trial of the petition, file a list of his objections to the election of that person on which he intends to rely and serve a copy of the list on the petitioner and the Attorney General.
(2) Where the petition claims the office for an unsuccessful candidate on the ground that he had a majority of lawful votes, every party shall, not less than 7 days before the date fixed for the trial, file a list of the votes which he contends were wrongly admitted or wrongly rejected, stating in respect of each such vote the grounds