ELECTORAL ACT (as amended at 24th January 2008) (a) the petitioner may, within a further period to be fixed by the Electoral Court not exceeding ten days, remove the objection by a deposit of such sum of money as may be considered necessary by the Electoral Court to make the security sufficient; (b) if the petitioner does not remove the objection in the manner specified in paragraph (a), no further proceedings shall be heard on the petition. (3) If on the expiration of the period allowed for making objections no objection had been received, or after an objection is made the sufficiency of the security is established, the petition shall be deemed to be at issue. 171 Provisions as to trial of election petition (1) An election petition shall be tried by the Electoral Court in open court. (2) If, on the trial of an election petition praying the Electoral Court to determine that some person other than the respondent is entitled to be declared duly elected in place of the respondent, it is proved that any person who voted for the respondent— (a) was bribed or treated or subjected to undue influence by the respondent or anyone on behalf of the respondent; or (b) was guilty of personation or of an illegal practice or was not qualified or was disqualified as a voter at the election; the vote given for the respondent by such person shall be deducted from the total number of votes given for the respondent at the election. (3) At the conclusion of the trial of an election petition the Electoral Court shall determine whether the respondent was duly elected or whether any, and if so what, person other than the respondent was or is entitled to be declared duly elected, and if the Electoral Court determines that— (a) the respondent was duly elected, such election shall be and remain as valid as if no petition had been presented against his or her election; (b) the respondent was not duly elected but that some other person was or is entitled to be declared duly elected— (i) the respondent shall forthwith be deemed to have vacated his or her seat; and (ii) the Electoral Court shall forthwith certify its determination to the Commission, and to the President of the Senate or the Speaker of the House of Assembly, as the case may be, and the Commission shall thereupon, by notice published in the Gazette, declare such other person duly elected with effect from the day of the determination of the Electoral Court; (c) the respondent was not duly elected and that no other person was or is entitled to be declared duly elected— (i) the seat of the respondent shall forthwith become vacant; and (ii) the Electoral Court shall forthwith certify its determination to the President of the Senate or the Speaker of the House of Assembly, as the case may be, and the President of the Senate or the Speaker of the House of Assembly shall thereupon notify the President that the vacancy has occurred and the cause of such vacancy. - 98 -