18
CAP. 367]
Electoral Provisions
[1989 Ed.
(2) On the hearing of the application any person who might have been a petitioner in respect of the election, or the Attorney General, may apply to the Court to be substituted as a petitioner, and the Court may, if it thinks fit, substitute him accordingly.
(3) If any application to withdraw or abandon or to cease to prosecute any election petition is, in the opinion of the Court, induced by any corrupt bargain or consideration, the Court may by order direct that the security given on behalf of the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner, and that to the extent of the sum named in the order, the original petitioner (and his sureties, if any) shall be liable to pay the costs of the substituted petitioner.
(4) Except in the case of the Attorney General, if the Court does not so direct, then security to the same amount as would be required in the case of a new petition and subject to the like conditions, shall be given on behalf of the substituted petitioner before he proceeds with his petition and within such time as the Court may by the order of substitution limit.
(5) Subject as aforesaid, a substituted petitioner shall, as nearly as may be, stand in the same position and be subject to the same liabilities as the original petitioner, and the original petitioner shall furnish such substituted petitioner with all evidence available to him and relevant to the continued prosecution of the petition.
(6) If a petition is withdrawn or abandoned or the petitioner ceases to prosecute the petition, the petitioner shall be liable to pay the costs of the respondent.
(7) Where there are more petitioners than one, an application to withdraw or abandon or cease to prosecute a petition shall not be made except with the consent of all the petitioners.
(8) Any person who contravenes any of the provisions of subsection (1) or who fails to furnish a substituted petitioner with evidence as required by the provisions of subsection (5) commits an offence and is liable to a fine of $5,000 and to imprisonment for 6 months.
39. Abatement of petition
(1) An election petition shall be abated by the death of a sole petitioner or the survivor of several petitioners.
(2) The abatement of a petition shall not affect the liability of the estate of the petitioner or the liability of any other person to the payment of costs previously incurred.
(3) On the abatement of a petition the Registrar shall cause a notification thereof to be published in the Gazette, and within 14 days after the publication of such notification, any person who might have been a petitioner in respect of