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PUBLIC RECORD OFFICE

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Reference :-

C.O.882/11

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Avoidance by conviction of candidate. Avoidance of election on

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the applicant for the order from any liability or consequences under this Order in respect of the matter excused by the order: and where it is proved by the candidate to the Judge that any act or omission of the election agent in relation to the return and declaration respecting election expenses was without the sanction or connivance of the candidate, and that the candidate took all reasonable means for preventing such act or omission, the Judge shall relieve the candidate from the consequences of such act or omission on the part of his election agent.

(4) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Order as the date of the allowance of the excuse.

GROUNDS FOR AVOIDING ELECTIONS.

95. The election of a candidate as a member is avoided by his conviction for any corrupt or illegal practice.

96. The election of a candidate as a member shall be declared to be void on an election petition on any of the following grounds election petition. which may be proved to the satisfaction of the election judge, viz. :— (a) That by reason of general bribery, general treating, or general intimidation, or other misconduct, or other circumi- stances, whether similar to those before enumerated or not, the majority of electors were or may have been prevented from electing the candidate whom they preferred;

Appointment and powers of election judge.

(b) Non-compliance with the provisions of this Order relating to elections if it appears that the election was not conducted in accordance with the principles laid down in such pro- visions or that such non-compliance affected the result of the election.

(c) That a corrupt practice or illegal practice was committed in connection with the election by the candidate or with his knowledge or consent or by any agent of the candidate; (d) That the candidate personally engaged a person as his election agent, or as a canvasser or agent knowing that such person had within seven years previous to such engagement been found guilty of a corrupt practice by a District Court or by the report of an election judge;

(e) That the candidate was at the time of his election a person

disqualified for election as a member.

ELECTION PETITIONS.

97.-(1) Every election petition shall be tried by the Chief Justice or by a Judge of the Supreme Court nominated by the Chief Justice for the purpose.

(2) The Chief Justice or the judge so nominated is, in this Order, referred to as the election judge.

(3) The election judge shall have the same power, jurisdiction, and authority as are possessed and exercised by a District Judge for summoning or compelling the attendance of witnesses at the trial of an election petition, and witnesses shall be sworn in the same manner, as near as circumstances will admit, as in the trial of a civil action in a District Court, and shall be subject to the same penalties for the giving of false evidence.

(4) The election judge shall be attended on the trial of an election petition in the same manner as if he were a judge of the Supreme Court sitting at assizes.

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(5) Unless otherwise ordered by the Chief Justice, all inter- locutory matters in connection with an election petition may be dealt with and decided by any judge of the Supreme Court.

98. An election petition may be presented to the Supreme Who may present

petition. Court by any one or more of the following persons, viz. :—

(a) Some person who voted or had a right to vote at the election

to which the petition relates;

(b) Some person claiming to have had a right to be returned

or elected at such election;

(c) Some person alleging himself to have been a candidate at

such election.

99. All or any of the following relief to which the petitioner Relief which may

be claimed.

may be entitled may be claimed in an election petition, viz. :—

(a) A declaration that the election is void; (b) A declaration that the return of the person elected was

undue ;

(c) A declaration that any candidate was duly elected and

ought to have been returned;

(d) Where the seat is claimed for an unsuccessful candidate on the ground that he had a majority of lawful votes, a scrutiny.

election.

100. At the conclusion of the trial of an election petition the Certificate of election judge shall determine whether the member whose return judge as to or election is complained of, or any other and what person, was validity of duly returned or elected, or whether the election was void, and shall certify such determination to the Governor. Upon such certificate being given, such determination shall be final; and the return shall be confirmed or altered, or the Governor shall by notice under Article 46 appoint another date for the election of a member for the constituency concerned, as the case may require, in accordance with such certificate.

101. (1) At the conclusion of the trial of an election petition the election judge shall also report in writing to the Governor :—

(a) Whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, or by his agent, and the nature of such corrupt or illegal practice; and

(b) the names and descriptions of all persons (if any) who have been proved at the trial to have been guilty of any corrupt or illegal practice.

(2) But before any person is reported by an election judge under this Article, the election judge shall give such person an opportunity of being heard and of giving and calling evidence to show why he should not be reported.

(3) When an election judge reports that a corrupt or illegal practice has been committed by any person or, being a candidate, with his knowledge and consent or by his agent, that person shall be subject to the same incapacities as if at the date of the said report he had been convicted of that practice.

(4) The Governor shall cause a copy of such report to be published in the Gazette, and it shall be the duty of every registering officer forthwith to peruse the report and forthwith to delete from the register of voters assigned to him the name of any person appearing from the report to be incapable of voting at an election.

Report of judge as to corrupt or illegal practice.

102.-(1) Every election petition shall be presented within Time for pre- 21 days of the date of publication of the result of the election in the sentation. Gazette.

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