1964_SUPREME_COURT_ORDINANCE — Page 32

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(a) grant an injunction restraining him from so acting; and (b) if the case so requires, declare the office to be vacant.

(2) This section applies to any public office or office which has been created by any enactment.

21K. Application for judicial review

(Added 52 of 1987 s. 18) [cf. 1981 c. 54 s. 30 U.K.]

(1) An application to the High Court for one or more of the following forms of relief-

(a) an order of mandamus, prohibition or certiorari;

(b) an injunction under section 21J restraining a person not entitled to do so from acting in an office to which that section applies, shall be made in accordance with rules of court by a procedure to be known as an application for judicial review.

(2) An application for a declaration or an injunction (not being an injunction mentioned in subsection (1)) may be made in accordance with rules of court by way of an application for judicial review, and on such an application the High Court may grant the declaration or injunction claimed if it considers that, having regard to-

(a) the nature of the matters in respect of which relief may be granted by orders of mandamus, prohibition or certiorari;

(b) the nature of the persons and bodies against whom relief may be granted by such orders; and

(c) all the circumstances of the case,

it would be just and convenient for the declaration to be made or the injunction to be granted, as the case may be.

(3) No application for judicial review shall be made unless the leave of the High Court has been obtained in accordance with rules of court; and the court shall not grant leave to make such an application unless it considers that the applicant has a sufficient interest in the matter to which the application relates.

(4) On an application for judicial review the High Court may award damages to the applicant if

(a) he has joined with his application a claim for damages arising from any matter to which the application relates; and

(b) the court is satisfied that, if the claim had been made in an action begun by the applicant at the time of making his application, he would have been awarded damages.

(5) If, on an application for judicial review seeking an order of certiorari, the High Court quashes the decision to which the application relates, the High Court may remit the matter to the court, tribunal or authority concerned, with a direction to reconsider it and reach a decision in accordance with the findings of the High Court.