CO129-609-3 Future policy- draft Municipal Council Ordinance 1-1-1947 - 31-12-1947 — Page 86

PART XIV

Abatement of petition.

8.96

Withdrawal and

substitution of respondents.

8.97

86

(6) If a petition is withdrawn, the petitioner shall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

application to withdraw a petition shall not be made except

with the consent of all the petitioners.

153.

J

(1) An election petition shall be abated by

the death of a sole petitioner or the survivor of several

petitioners.

(2) The abatement of a petition shall not affect the

liability of the petitioner or of any other person to the

payment of costs previously incurred.

(3) On the abatement of a petition the Registrar shall

cause notice thereof to be published in the Gazette, and

within fourteen days after the publication of such notice,

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.

154. (1) If before the trial of an election petition

a respondent other than a returning officer

(a) dies, resigns, or otherwise ceases to hold the

office to which the petition relates; or

(b) gives to the Registrar notice that he does not

intend to oppose the petition,

the Registrar shall cause notice thereof to be published in

the Gazette, and within fourteen days after the publication

of such notice, 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, but so that the number of persona

so admitted shall not exceed three.

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