16
CAP. 381] Legislative Council (Electoral Provisions)
[1988 Ed.
(5) Subject to subsections (3) and (4), 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 the original petitioner and relevant to the continued prosecution of the election petition.
(6) Where an election petition is withdrawn or abandoned or the petitioner ceases to prosecute the election petition, the petitioner shall be liable to pay the costs of the respondent.
(7) Where there are 2 or more petitioners, an application to withdraw or 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 the case of an individual, to imprisonment for 6 months.
Abatement of election petition
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.
Withdrawal and substitution of respondent
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.