Maximum complaint time since occurrence or discovery

Election Offences Act

Time for presentation

38. (1) Every election petitionshall be presented within twenty-one days of the date of publication of theresult of the election in the Gazette:

Provided that—

(a) an election petitionquestioning the return or the election upon the ground of a corrupt practiceand specifically alleging a payment of money or other act to have been made or done since the dateaforesaid by the person whose election is questioned or by an agent of theperson or with the privity of the person or his election agent in pursuance orin furtherance of such corrupt practice may, so far as respects such corruptpractice, be presented at any time within twenty-eight days after the date ofsuch payment or act;

(b) an election petitionquestioning the return or the election upon an allegation of an illegalpractice may, so far as respects such illegal practice, be presented within thetime following:

(i) at any time before theexpiration of fourteen days immediately after the date of the publication inthe Gazette of the notice required by section 24 as to the electionexpenses of the person whose election is questioned;

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(2) An election petitionpresented in due time may, for the purpose of questioning the return or theelection upon an allegation of a corrupt or illegal practice, be amended withthe leave of a Judge of the HighCourt within the time within which an election petition questioning the returnor the election upon that ground may be presented.

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