Requirement to hold a hearing

Electoral Act 1968, 121

Trial of election petitions

Thefollowing provisions shall apply with respect to the trail of electionpetitions –

a.     Every election petition shall be tried in open court;

(b) the trial ofelection petitions may take place upon any day prescribed by any rule or orderof court;

(C) noticeof the time and place at which an election petition will be tried shall begiven by the Registrar of the High Court to the parties concerned not less than14 days before the day on which the trial is to beheld;

(0) theHigh Court may adjourn the trial from time to time and from place to place;

(e) where, on thetrial of an election petition praying the High Court to determine that someother person than the respondent is entitled to be declared duly elected inplace of the respondent, it is proved thatany person who voted for the respondent was bribed or treated or subjected toundue influence by the respondent or anyone on behalf of the respondent or thatsuch person was guilty of personation or of an illegal practice or was notqualified as a voter at the election, the vote given for the respondentby such person shall be deducted from the total number of votes given for therespondent at the election;

(1)          atthe conclusion of the trial of any election petition, the High Court shalldetermine whether the respondent was duly elected or whether any, and if sowhat, person other than the respondent was or isentitled to be declared duly elected;

(9) if the High Court determines that the respondent was duly elected,such election shall be and remain as valid as if nopetition had been presented against it;

(h)       if the High Court determines that therespondent was not duly elected, but some other personwas or is entitled to be declared duly elected the respondent shall forthwithbe deemed to have vacated his seat, and theHigh Court shall forthwith certify its determination to the Secretaryand the Secretary shall thereupon by notice in the Gazette declare such other person duly elected;

(I)                if the High Court determines that therespondent was not duly elected and that no otherperson was or is entitled to be declared duly elected the seat of therespondent shall be deemed to be vacant andthe High Court shall certify its determination to the President that avacancy has occurred, the cause of such vacancy and the constituency in whichsuch vacancy has occurred;

(i)        where, on the trial of an electionpetition, the High Court determines that the respondentwas not duly elected and is of opinion, having regard to the circumstances, that it would be just and reasonable to relieveany party to the action from all or a portion of the costs thereof, then‑

(i)if the High Court finds thatthe election of the respondent was due to a mistake or improper performance or failure ofperformance of any function bona fide made by any officer, it may, aftersufficient notice to the Director of Public Prosecutions to show cause to the contrary, make such order as to thepayment by the State of the costs of the action or portion thereof, asit may deem fit;