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 ordone since the date aforesaid by the person whose election is questioned or byan agent of the person or with the privity of the person or his election agentin pursuance or in furtherance of such corrupt practice may, so far as respectssuch corrupt practice, be presented at any time within twenty-eight days afterthe date of such 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 the

time 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;

(ii) if the election petitionspecifically alleges a payment of money or other act to have been made or donesince the said date by the person whose election is questioned or by an agentof the person or with the privity of the person or of his election agent inpursuance or in furtherance of the illegal practice alleged in the petition,the petition may be presented at any time within twenty-eight days immediatelyafter the date of such payment or other act.

(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 High Court within the time within which an electionpetition questioning the return or the election upon that ground may bepresented.

(3) For the purposes of thissection, where there is an authorized excuse for failing to make and transmitthe return and statements respecting election expenses, the date of the allowanceof the excuse or, if there was a failure in two or more particulars

and the excuse was allowed atdifferent times, the date of the allowance of the last excuse shall besubstituted for the date of the publication of the notice mentioned in theproviso to paragraph (1)(b).

(No provision foundon deadline for complaint from time of occurance/discovery for candidatenomination process)