1989 Ed.]
Electoral Provisions
[CAP. 367
19
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.
40. Withdrawal and substitution of respondent
(1) If before the trial of an election petition a respondent other than a returning officer-
(a) dies, resigns, or otherwise ceases to hold 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 a notification thereof to be published in the Gazette, and within 14 days after the publication of such notification, 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.
(2) A respondent who has given notice as aforesaid that he does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon.
41. Validation of acts done pending a petition
Where a candidate who has been elected is, by a certificate of the Court, declared not to have been validly elected, acts done by him in the execution of his office before the time when the certificate is received by the Designated Officer shall not be invalidated by reason of that declaration.
42. Elections in place of persons unseated on petition
Where on an election petition the election of any person is determined to be void and no other person has been declared elected in his place, a by-election shall be held to fill the vacancy.
PART VII
MISCELLANEOUS
43. Time limit for laying complaint or information
Except as otherwise provided in this Ordinance any complaint or information in respect of the commission of an offence against this Ordinance shall be laid within 3 years from the date of such commission.
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831905-20
1989 Ed.]
Electoral Provisions
[CAP. 367
19
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.
40. Withdrawal and substitution of respondent
(1) If before the trial of an election petition a respondent other than a returning officer-
(a) dies, resigns, or otherwise ceases to hold 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 a notification thereof to be published in the Gazette, and within 14 days after the publication of such notification, 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.
(2) A respondent who has given notice as aforesaid that he does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon.
41. Validation of acts done pending a petition
Where a candidate who has been elected is, by a certificate of the Court, declared not to have been validly elected, acts done by him in the execution of his office before the time when the certificate is received by the Designated Officer shall not be invalidated by reason of that declaration.
42. Elections in place of persons unseated on petition
Where on an election petition the election of any person is determined to be void and no other person has been declared elected in his place, a by-election shall be held to fill the vacancy.
PART VII
MISCELLANEOUS
43. Time limit for laying complaint or information
Except as otherwise provided in this Ordinance any complaint or information in respect of the commission of an offence against this Ordinance shall be laid within 3 years from the date of such commission.
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831905-20
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