Requirement to issue reasoned decision

Representation Of The People Act, Chapter 9, Revised Edition(2000-12-31)

PART VIII

Disputed Elections

53. Determinationof Election Judge.

At theconclusion of the trial of an election petition the Election Judge shall determine whether themember whose return or election is complained of, or any other, and what otherperson, was duly returned or elected, or whether the election was void, andshall certify such determination in writing under his hand.

Suchcertificate shall be kept in the custody of the Registrar of the Supreme

Court to bedealt with as provided in section 58.

54. Report ofElection Judge as to corrupt or illegal practice.

At theconclusion of the trial of an election petition the Election Judge shall alsomake a report under his hand setting out-

(a) whether any corrupt or illegal practice has or has not been proved tohave been committed by or with the knowledge and consent of any candidate atthe election, or by his agent, and the nature of such corrupt or illegalpractice, if any; and

(b) the names and descriptions of all persons, if any, who have been provedat the trial to have been guilty of any corrupt or illegal practice:

Provided,however, that before any person, not being a party to an election petition nora candidate on behalf of whom the seat is claimed by an election petition, isreported by an Election Judge under this section, the Election Judge shall givesuch person an opportunity of being heard and of giving and calling evidence toshow why he should not be so reported.

Such reportshall be kept in the custody of the Registrar of the Supreme Court, to be dealtwith as provided in section 58.

The Elections and Boundaries Commission,