Citation.
Interprela- tion.
General
practice and procedure.
Filing of documents.
Form and
substance of
petitions.
Schedule.
2
URBAN COUNCIL ORDINANCE 1955.
(No. 14 of 1955).
URBAN COUNCIL (ELECTION PETITIONS) RULES 1965.
In exercise of the powers conferred by subsection (3) of section 36 of the Urban Council Ordinance 1955, the Chief Justice has made the following rules-
1. These rules may be cited as the Urban Council (Election Petitions) Rules 1965,
In these rules, unless the context otherwise requires- "Court" means the Supreme Court:
"petition" means an election petition: "Registrar" means the Registrar of the Supreme Court; "secretary" means any person appointed under section 56 of the Ordinance to be secretary or an assistant secretary to the Council.
3. Subject to Part VII of the Ordinance and to these rules, the practice and procedure of the Supreme Court, including the rules relat- ing to the discovery and inspection of documents and the delivery of interrogatories, shall apply to a petition as if it were an ordinary action within its jurisdiction.
4. Any document required to be filed in proceedings on any petition shall be filed in the Registry of the Supreme Court.
$. A petition shall be in the form set out in the Schedule, or a form to the like effect with such variations as the circumstances may require, and shall state-
(a) in which of the capacities mentioned in section 33 of the Ordinance the petitioner or each of the petitioners presents the petition:
(b) the date and result of the election to which the petition relates,
showing--
() in the case of an election which was not contested, the date of the publication by the returning officer of the list of persons elected; and
(i) in the case of a contested election, the date of the declaration by the returning officer of the result of the election:
(c) in the case of a petition questioning an election on the ground specified in subsection (2), (3) or (4) of section 37 of the Ordinance, the date from which the time for the presentation of the petition is to be calculated; and
3
(d) the grounds on which relief is sought, setting out with sufficient particularity the facts relied on but not the evidence by which they are to be proved,
and shall conclude with a prayer setting out particulars of the relief claimed.
a nolice to
6. (1) Within two days after the presentation of the petition Copy of under section 35 of the Ordinance or such other period as the Court petion and may direct, the petitioner shall serve on the respondent within the be served on meaning of subsection (1) of section 34 of the Ordinance and on the respondent Attorney General a notice of the presentation of the petition and of und Attorney the nature of the security for costs which the petitioner proposes to give pursuant to section 38 of the Ordinance, together with a copy of the petition.
(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.
General
7. (0) Application to the Court for directions under subsection Manner of (2) of section 38 of the Ordinance as to the amount and the manner Application and form of security shall be made by the petitioner by summons to a us to judge in chambers.
(2) The copy of the summons which it is desired should be issued for directions aforesaid shall be filed within two days after the presenta- tion 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 38 of the Ordinance and the petitioner proposes to give such security by the deposit of money to the extent of that amount, the application 10 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 five 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 five days after the presentation of the petition or the expira- tion of such other period as the Court may direct for giving security under subsection (1) of section 38.
fer directiona
Security.
filed and
8. Where it is proposed to give security under section 38 of the Adavit of Ordinance wholly or partly by recognizance entered into by a surety or service to he sureties, the petitioner shall, together with the copy of the summons served on referred to in paragraph (2) of rule 7, file an affidavit sworn by each respondents. proposed surety and stating that after payment of all his debts he is