Requirement to issue reasoned decision

PARLIAMENTACT, Principal Act No. 1950-15 Commencement date 21.7.1950 with Amending enactments (up till 28.6.2007).

PARTIV. ELECTION PETITIONS

Trial of petitions.

57. …

(2) At the conclusion ofthe trial the court shalldetermine whether the person whose election is complained of, or any and if so,what other person was duly elected, or whether the election was void and suchdetermination shall be final to all intents as to the matters at issue on thepetition.

(3) On the trial of apetition, unless the court otherwise directs, any charge of a corrupt practiceor offence against this Act may be enquired into and evidence in relationthereto received before any proof has been given of agency on behalf of anycandidate in respect of the corrupt practice or offence.

(4) On the trial of apetition complaining of an undue election and claiming the seat for some otherperson, the respondent may give evidence to prove that that person was not dulyelected in the same manner as if he had presented a petition against theelection of such person.

(5) The trial of a petitionshall be proceeded with notwithstanding that the respondent has ceased to holdthe seat his election to which is questioned by the petition.

(6) On every trial of anelection petition the Attorney-General shall by himself or by hisrepresentative attend at the trial and it shall be his duty to obey any directionsgiven to him by the court with respect to the summoning and examination of anywitness to give evidence on such trial and with respect to the prosecution byhim of offenders.

(7) It shall also be theduty of the Attorney-General, without any direction from the court, if itappears to him that any person is able to give material evidence as to thesubject of the trial, to cause such person to attend the trial and with theleave of the court to examine such person as a witness.

(8) It shall also be theduty of the Attorney-General without any direction from the court, if he thinksit expedient in the interests of justice so to do, to prosecute any person whoappears to him to have been guilty of a corrupt or illegal practice at anelection.

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