CO885-11 — Page 269

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PUBLIC RECORD OFFICE

Reference :-

C.O.882/11

PUBLIC RECORD OFFICE, LONDON

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

itation.

a.

Interprétation.

Manner of pre-

sentation of

petition.

Contents and form

of election petition.

Evidence not to be stated in petition. Particulars.

Where more than one petition are presented in

relation to same +lection.

List of votes objected to where sai elaimed by

succesful candidate.

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FIRST SCHEDULE.

I. These rules may be cited as the Election (Legislative Council) Petition Rules, 1926.

2. In these rules, unless the context otherwise requires :—

"The Order" means the Ceylon (Legislative Council) Order in Council, 1926.

Judge " means the Election Judge.

Registrar means the Registrar of the Supreme Court.

3.-1) The presentation of an election petition shall be made by delivering it at the office of the Registrar, and such Registrar or the officer of his department to whom the petition is delivereel, shall, if required, give a receipt in the following form:-

Received on the............day of............ .19......, at the Registry of the Supreme Court, a petition touching the election of A. B., a member for..... purporting to be signed by...

....(insert the names of petitioners).

('. D.,

Registrar.

(or as the case may be),

(2) With the petition two copies thereof shall also be left. 4.—(1) An election petition shall contain the following statements :—

(a) It shall state the right of the petitioner to petition within Article 98 of

the Order.

(b) It shall state the holding and result of the election, and shall briefly state

the facts and grounds relied on to sustain the prayer.

(2) The petition shall be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively, and no costs shall be allowed for drawing or copying any petition not substantially in compliance with this rule, unless otherwise ordered by the Court or a Judge.

(3) The petition shall conclude with a prayer as, for instance, that some specified person should be declared duly returned or elected, or that the election should be declared void, or as the case may be, and shall be signed by all the petitioners. (4) The following form, or one to the like effect, shall be sufficient:-

of....

IN THE SUPREME COURT OF CEYLON. The Ceylon (Legislative Council) Order in Council, 1926. Election for...... ..(state the Constituency) holden on the............

19.......

The petition of A., of......................................(or of A., of.......................

...day

and B., of......

as the case may bo), whose names are subscribed. (1) Your petitioner A. is a person who voted (or had a right to vote, as the case may be) at the above election (or claims to have had a right to be returned at the above election, or was a candidate at the above election); and your petitioner B. (here state in like manner the right of each petitioner).

(2) And your petitioners state that the election was holden on the............day of....

....19....... when A. B., C. D., and E. F. were candidates, and the Returning Officer has returned A. B. as being duly elected.

(3) And your petitioners say that (here state the facts and grounds on which the petitioners rely).

Wherefore your petitioners pray that it might be determined that the said A. B. was not duly elected or returned, and that the election was void (or that the said E, F, was duly elected and ought to have been returned, or as the case may be).

(Signed) A.

B.

5. Evidence need not be stated in the petition, but the Judge may, upon application in writing by a respondent, order such particulars as may be necessary to prevent surprise and unnecessary expense, and to ensure a fair and effectual trial upon such terms as to costs and otherwise as may be ordered.

6. Where more petitions than one are presented relating to the same election or return, all such petitions shall be dealt with as one petition, so far as the inquiry into the same is concerned.

7. When a petitioner claims the seat for an unsuccessful candidate, alleging that he had a majority of lawful votes, the party complaining of or defending the election or return shall, six days before the day appointed for trial, deliver to the Registrar, and also at the address, if any, given by the petitioners and respondent, as the case may be, a list of the votes intended to be objected to, and of the heads

45

of objection to each such vote, and the Registrar shall allow inspection and office copies of such lists to all parties concerned; and no evidence shall be given against the validity of any vote, nor upon any head of objection not specified in the list, except by leave of the Judge, upon such terms as to amendment of the list, postponement of the inquiry, and payment of costs, as may be ordered.

în recriminatory

8. The respondent in a petition complaining of an undue return aud claiming List of objections the seat for some person may lead evidence to prove that the election of such person was undue, and in such case such respondent shall, six days before the day appointedl for trial, deliver to the Registrar, and also at the address, if any, given by the petitioner, a list of the objections to the election upon which he intends to rely, and the Registrar shall allow inspection and office copies of such lists to all parties concerned; and no evidence shall be given by a respondent of any objection to the election not specified in the list, except by leave of the Judge, upon such terms as to amendments of the list, postponement of the inquiry, and payment of costs, as may be ordered.

9. With the petition the petitioner or petitioners shall leave at the office of Appointment of

the Registrar a writing, signed by him or them, giving the name of some person agent by petitioner. entitled to practise as a proctor of the Supreme Court whom he or they authorize

to act as his or their agent or stating that he or they act for himself or themselves,

as the case may be, and in either case giving an address within the city of Colombo at which notices may be left: and if no such writing he left or address given, then notice of objection to the recognizance and all other notices may be given by leaving the same at the office of the Registrar.

10. Any person returned as a member may at any time, after he is returned, Appointment of send or leave at the office of the Registrar a writing, signed by him on his behalf, agent by r spondent. appointing a person entitled to practise as a proctor of the Supreme Court to act as his agent in case there should be a petition against him, or stating that he intends to act for himself, and in either case giving an address within the city of Colombo at which notices addressed to him may be left, and if no such writing be left or address given, all notices and proceedings may be given or served by leaving the same at the office of the Registrar.

11. The Registrar shall cause to be kept a book at his office in which shall be Registrar to keep entered all addresses and the names of agents given under either of the two last books with preceding rules, which book shall be open to inspection by any person during office addresses and

hours.

12. (1) At the time of the presentation of the petition, or within three days afterwards, security for the payment of all costs, charges, and expenses that may become payable by the petitioner shall be given on behalf of the petitioner.

(2) The security shall be to an amount of five thousand rupees, and shall be given either by recognizance in the form in rule 16 set forth, with two sureties, or by a deposit of money, or partly in one way and partly in the other.

(3) If security as in this rule provided is not given by the petitioner, no further proceedings shall be had on the petition, and the respondent may apply to the Judge for an order directing the dismissal of the petition and for the payment of the respondent's costs.

names of agents.

Security by peti- tioner for custs, &c.. of election petition.

13.-(1) The deposit of money by way of security for payment of costs, charges Security by and expenses payable by the petitioner shall be made by payment to the Colonial deposit of money. Treasurer, which shall be vested in and drawn upon from time to time by the Chief Justice for the purposes for which security is required by these rules. A receipt shall be given by the Colonial Treasurer for the same, which shall forthwith be left at the office of the Registrar by the petitioner.

(2) The Registrar shall file such receipt and keep a book open to the inspection of all parties concerned, in which shall be entered from time to time the armount and the petition to which it is applicable.

14.--(1) Money so deposited shall, if and when the same is no longer needed for Return of money securing payment of such costs, charges and expenses, be returned or otherwise au deposited. disposed of as justice may require by order of the Chief Justice.

(2) Such order may be made after such notice of intention to apply and proof that all just claims have been satisfied or otherwise sufficiently provided for as the Chief Justice may require.

(3) Such order may direct payment either to the party in whose name same is deposited or to any person entitled to receive the same.

15. A recognizance as security for costs may be acknowledged before the Acknowledgement

of recognizance. Registrar or before a Justice of the Peace.

There may be one recognizance acknowledged by both the sureties, or separate recognizances each acknowledged by one surety, as may be convenient.

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