|
|
|
Other
Parts: Part
I | Part
II | Part
III | Part
IV | Part
VI | Part
VII
|
|
PART
V
ELECTION PETITION
|
|
|
28.
(I) On the trial of an election
petition, the court may-
(a) order any person who appears to
the court to have been concerned in
the election to attend as a witness at
such trial;
(b) examine any witness or any person
who is present at such trial although
such witness or person is not called
as a witness by any party to the
proceedings:
Provided that after such examination
by the court of such witness or
person, such witness or person may be
cross-examined by or on behalf of the
petitioner or the respondent.
(2) A person who is called as a
witness at the trial of an election
petition shall not be excused from
answering any question relating to any
offence connected with an election on
the ground that the answer thereto may
tend to criminate him, or on the
ground of privilege:
Provided that-
(i)a witness who answers to the
satisfaction of the court every
question which he is required to
answer under this section,
and which answers may tend to
criminate him, shall not be
liable to prosecution for any offence
committed by him in connection with
that election and in respect of
which he is so examined, and such
witness shall be entitled to receive a
certificate of indemnity under the
hand of the Registrar stating that he
is freed and discharged from liability
to prosecution for that offence;
(ii)an answer by a witness to a
question before the court under
this section shall not, except in the
case of any criminal proceedings for
giving false evidence in respect of s
such evidence, be admissible in any
proceedings, civil or criminal, in
evidence against him.
.
(3) Where a person has received a
certificate of indemnity under
subsection (2), and any legal
proceedings are at any time brought
against him for any offence to which
such certificate relates, the court
having cognisance of the case shall,
on proof of the certificate of
indemnity, stay such proceedings and
may award to that person
such costs as he may have been put to
in such proceedings.
(4) All reasonable expenses incurred
by any person in attending at or
appearing before the court to give
evidence as a witness at the trial of
an election petition shall be allowed
to such a person according to the
scale of allowances and expenses
appropriate in civil proceedings
before the court. |
Provisions
as to witnesses |
29.
(1) At the conclusion of the trial of
an election petition, the of court
shall determine whether the
respondent, any other and which
person, was duly elected, or whether
the election to which the petition
election petition relates was void,
and the Registrar shall, as soon as
may be, submit a copy of such
determination to the Commission and to
the principal officer of the council
to which the petition relates.
(2) Where the court determines under
subsection (I) that the respondent was
duly elected, such election shall be
and remain valid.
(3) Where the court determines under
subsection (I) that the respondent was
not duly elected but that some other
person was duly elected, such other
person shall be deemed to have been
elected accordingly.
(4) Where the court determines under
subsection (I) that the respondent was
not duly elected, and that no other
person was duly elected at the
election concerned, the vacancy in the
membership of the council in respect
of which that election was held shall
be deemed to continue until duly
filled.
(5) Where a determination under
subsection (I) alters the result of an
election as previously declared, it
shall be the duty of the Commission to
publish the result as so altered in
the Gazette .
(6) Where it appears to the court upon
the trial of an election petition that
any corrupt practice or illegal
practice has been committed by any
person in connection with the election
to which such election petition
relates, the court shall, at the
conclusion of the proceedings, prepare
a report stating-
(a) the evidence given in the
proceedings in respect of such corrupt
practice or illegal practice;
(b) the names and particulars of any
person by whom such corrupt
practice or illegal practice was, in
the opinion of the court, committed:
Provided that the court shall not
state the name of any person under
this paragraph unless such person has
been given an opportunity of appearing
before the court and of showing cause
why his name should not be stated.
(7) The Registrar shall deliver a copy
of every report prepared by the court
under subsection (6) to-
(a) the Commission; and
(b) the Director of Public
Prosecutions. |
Conclusion
of trial of election petition |
30. (1) Subject to the other
provisions of this section, all costs,
to costs charges and expenses of and
incidental to the presentation and
trial of an election petition shall be
borne in such manner and in such pro-
portions as the court may order, and
in particular, any costs which in the
opinion of the court have been caused
by any vexations conduct or by any
frivolous or vexatious allegations or
objections on the part of the
petitioner or of the respondent, may
be ordered to be paid by the party by
whom such costs have been caused.
(2) Where, on the trial of an election
petition, the court determines that
the respondent was not duly elected
and is of the opinion, having regard
to the circumstances, that it would be
just and reasonable to relieve any
party to the election petition from
all or a portion of the costs thereof,
then-
(a) if the court finds that the
election of the respondent was due
to a mistake or improper performance
or failure of performance of any
function bona fide made by any
election officer, it may, after
sufficient notice to the
Attorney-General show cause to the
contrary, make such order as to the
payment by the state of the costs of
the preceedings or a portion thereof,
as it may consider proper;
(b) if the court finds that the
election of the respondent was due to
a mistake or improper performance or
failure of performance of any function
mala fide made by an election
officer, it may, after sufficient
notice, to such officer to show cause
to the contrary, make such order as to
the payment by such election officer
of the costs of the proceedings or a
portion thereof, as it may consider
proper.
(3) The court may. on application made
by any person to whom
any costs, charges or expenses are
payable under this Act, order the
costs, charges or expenses to be paid
out of any deposit made to secure the
costs, charges or expenses or by any
surety who gave a recognisance to
secure the costs, charges or expenses:
Provided that notice of such
application shall be given, in such
manner as may be prescribed by rules
under section twenty- three, to the
party by or on whose behalf such
deposit was made or for whom such
surety gave a recognisance, requiring
such party, or such surety and such
party, as the case may be, to state,
within such time and in such manner as
may be so prescribed, whether he
resists the application.
(4) Where, on the trial of an election
petition, any person appears to the
court to have been guilty of any
corrupt practice or illegal practice
relating to the election which is the
subject of such election
petition, the court may, after giving
that person an opportunity of
making a statement to show why the
order should not be made, order
the whole or a portion of the costs of
or incidental to the trial of such
election petition to be paid by the
said person to such person or
persons as the court may determine.
(5) Execution may be levied under any
order for payment made by the court
under this section in the same manner
and to the same extent as execution
may be levied under a judgement for
the payment of money.
(6) Money deposited as security shall,
when no longer needed as security for
costs, be returned to the person in
whose name it is deposited or to any
person entitled to receive the money
by order of the court, which may be
made upon motion after notice and
proof that all just claims have been
satisfied or otherwise sufficiently
provided for as the court may require.
|
Provisions
as to costs |
|
|
|
|
|
|
|
