With-
drawal of petition.
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(b) in the case of a contested election, whether the person whose election is complained of, or any and what other person, was duly elected, or whether the election was void;
and shall forthwith certify in writing under the hand of a judgej and the seal of the Court the determination of the Court and the determination so certified shall be final as to the matters at issue on the petition.
(2) A copy of the certificate of the Court shall be transmitted to the Colonial Secretary and also to the secretary,
I
(3) The Court may of its own motion or at the request of the Governor make a special report to the Governor as to any matters arising in the course of the trial of an election petition an account of which ought, in the judgment of the Court, to bel submitted to the Governor.
40. (1) A petitioner shall not withdraw an election petition} without the leave of the Court on application thereto and on such conditions as to public notice or otherwise as the Court may think.
fit.
(2) On the bearing of the application 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 him accordingly.
(3) If the proposed withdrawal 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 sun named in the order, the original petitioner (and!! his sureties, if any) shall be liable to pay the costs of the sub- stituted petitioner.
(4) If the Court does not so direct, then security to the sameji 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.
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(6) If a petition is withdrawn, the petitioner shall be liable to pay the costs of the respondent.
(7) Where there are more petitioners than one, an applica- tion to withdraw a petition shall not be made except with the consent of all the petitioners.
41. (r) An election petition shall be abated by the death of Abate. 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 perition the Registrar shall cause a notification thereof to be published in the Gazette, and within fourteen days after the publication of such notification, 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 him accordingly.
(4) Security shall be given on behalf of a petitioner so substituted, as in the case of a new petition.
ment of petition.
43. (1) If before the trial of an election petition a respondent With- other than a returning officer-
drawal and sub- (4) dies, resigns, or otherwise ceases to hold the office to stitution of
respondent. which the petition relates; or
(b) gives to the Registrar notice that he does not intend to
oppose the petition;
the Registrar shall cause a notification thereof to be published in the Gazette, and within fourteen days after the publication of such notification, any person who might have been a petitioner in respect of the election may apply to the Court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly.
(2) A respondent who has given notice as aforesaid that he does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon.
acts
43. Where a candidate who has been elected is, by a certi- Validation ficate of the Court, declared not to have been duly elected, of acts done
pending a done by him in the execution of his office before the time when petition. the certificate is received by the secretary shall not be invalidated by reason of that declaration.