CO129-609-3 Future policy- draft Municipal Council Ordinance 1-1-1947 - 31-12-1947 — Page 82

Who may be respondent.

8.88(2)

8.91(3)

Signature and presentation of petition. 8.88(3)

Jurisdiction of Supreme Court in respect of petitions.

c.f. position of High Court in relation to parliamentary elections. 12 Hals. 284.

s.92(1) as to constitution of "election court".

Parliamentary Elections Act, 1868. s.25. Stat. R. & 0. Rev.XII S.C. England p.640.

PART XIV

82

146. (1) Any person whose election is questioned by

an election petition and any returning officer of whose

conduct a petition complains, may be made a respondent to

the petition.

(2) Two or more candidates may be made respondents to

the same petition and their cases may be tried at the same

time, but for the purposes of this Part of this Ordinance

(including the provision of security for costs) the petition

shall be deemed to be a separate petition against each

respondent.

147. (1) An election petition shall be signed by the

petitioner or by each petitioner if there is more than one

and shall be presented to the Court by leaving the petition,

together with two copies thereof, with the Registrar who

shall give a receipt therefor, if required so to do.

(2) The Registrar shall forthwith send the copies of

the petition to the clerk of the Council who shall cause a

copy thereof to be posted in a conspicuous place on or near

the outer door of his office, or, if the Council have offices,

in some conspicuous place on or near the outer door of the

office of the Council.

148. (1) The Court shall have the same jurisdiction,

powers and authority in respect of an election petition and all

proceedings thereon as it would have if such petition was an

ordinary cause within its jurisdiction.

(2) The trial of an election petition shall be holden

in open court and before one judge unless the Chief Justice

shall otherwise direct.

(3) The Chief Justice may make from time to time rules

for the effectual carrying out of the provisions of this Part

of this Ordinance and for the regulation of matters relating

› withdrawal

to the preparation, presentation, service, trial and costs of election petitions (including the provision of security for costs thereon) and the practice and procedure connected with

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