Requirement to hold a hearing in the last instance

Presidential Elections Act

PART V

APPLICATIONS FOR AVOIDANCE OF ELECTION

Powers of Election Judge

72.

—(1)  Every application under section71 shall be heard by an Election Judge.

(2)  Witnesses shall be subpoenaedand sworn in the same manner as nearly as circumstances admit as in a trial bythe High Court in the exercise of its original civil jurisdiction and shall besubject to the same penalties for the giving of false evidence.

(3)  On the hearing of an applicationunder section 71, the Election Judge may —

(a)

by order under his hand, compel the attendance of any person as a witnesswho appears to him to have been concerned in the election to which theapplication refers; and

(b)

examine any witness so compelled to attend or any person in court, althoughthe witness is not called and examined by any party to the application; andafter the examination of a witness by the Election Judge, the witness may becross-examined by or on behalf of the applicant and the respondent, or eitherof them.

(4)  Any person refusing to obey theorder of the Election Judge under subsection (3)(a) shall be guilty of acontempt of court.

(5)  The Election Judge shall beattended on the hearing of an application under section 71 in the same manneras if he were a Judge of the Supreme Court sitting at assizes.

(6)  All interlocutory matters inconnection with an application under section 71 may be dealt with and decidedby an Election Judge.

Source:

http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=7565f4a5-523e-4b08-92af-ef27cb99cc48;page=0;query=CompId%3A62d63b5e-cab0-4686-bb5d-f65a67d3adde;rec=0;resUrl=http%3A%2F%2Fstatutes.agc.gov.sg%2Faol%2Fbrowse%2FtitleResults.w3p%3Bletter%3DP%3Btype%3DactsAll#pr72-he-.