1964_ELECTORAL_PROVISIONS_(ELECTION_PETITIONS)_RULE — Page 2

C2

CAP. 367]

Electoral Provisions (Election Petitions) Rules

[1982 Ed.

[Subsidiary]

L.N. 9/82.

ELECTORAL PROVISIONS (ELECTION PETITIONS) RULES

(Cap. 367, section 34(3))

[15 January 1982.]

Citation.

Interpretation.

General practice and procedure.

Filing of documents.

Form and substance of petitions.

Schedule.

Copy of petition and a notice to be served on respondent and Attorney General.

1. These rules may be cited as the Electoral Provisions (Election Petitions) Rules.

2. In these rules "petition" means an election petition.

3. Subject to Part VI of the Ordinance and to these rules, the practice and procedure of the Supreme Court, including the rules relating 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.

5. 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 31 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-

(i) in the case of an election which was not contested, the date of the publication by the returning officer of the list of persons declared to be elected; and

(ii) in the case of a contested election, the date of the declaration by the returning officer of the result of the election; and

(c) 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.

6. (1) Within 2 days after the presentation of the petition under section 33 of the Ordinance or such other period as the Court may direct, the petitioner shall serve on the respondent within the meaning of section 32(1) of the Ordinance and on the Attorney General a notice of the presentation of the petition and of the nature of the security for costs which the petitioner proposes to give pursuant to section 36 of the Ordinance, together with a copy of the petition.