1964_ELECTORAL_PROVISIONS_ORDINANCE — Page 18

1989 Ed.]

Electoral Provisions

[CAP. 367

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(a) in the case of an election which is not contested, within 2 months after the publication by the returning officer of the list of persons elected; and

(b) in the case of a contested election, within 2 months after the

declaration by the returning officer of the result of the election.

36. Security for costs

(1) At the time of presenting an election petition, or within 5 days thereafter or such other period as the Court may direct, the petitioner shall give security for all costs, charges and expenses which may become payable by him to any witness summoned on his behalf or to any respondent.

(2) The security shall be of such amount, not exceeding $20,000, and shall be given in such manner and form as the Court may direct.

(3) In default of compliance with the provisions of this section no further proceedings shall be taken on the petition.

37. Determination of Court

(1) At the conclusion of the trial of an election petition the Court shall determine-

(a) in the case of an election which is not contested and in connection with which the decision of the returning officer as to the validity of any nomination is brought to review, whether such decision was correct or whether the election was void; and

(b) in the case of a contested election, whether the person whose election is complained of, or any and what other person, was duly elected, or whether the election was void,

and shall forthwith certify in writing under the hand of a judge and the seal of the Court the determination of the Court and the determination so certified shall be final as to the matters at issue on the petition.

(2) A copy of the certificate of the Court shall be transmitted to the Chief Secretary and also to the Designated Officer.

(3) The Court may of its own motion or at the request of the Governor make a special report to the Governor as to any matters arising in the course of the trial of an election petition an account of which ought, in the judgment of the Court, to be submitted to the Governor.

38. Withdrawal of petition

(1) A petitioner shall not withdraw or abandon or cease to endeavour to prosecute successfully an election petition without the leave of the Court on application thereto and on such conditions as to public notice or otherwise as the Court may think fit.