ELECTORAL ACT (as amended at 24th January 2008) of the Registrar thereof a certificate stating that he or she is so freed and discharged from all liability to prosecution as aforesaid. (3) No evidence given by a witness referred to in subsection (1) shall, except upon a charge of contravening subsection (2) of section one hundred and seventy-four, be admissible in evidence against him or her in any criminal or civil proceedings to which he or she is a party. 176 Respondent may testify that election of petitioner undue On the trial of a petition complaining of an undue election or undue return and claiming the seat for some person the respondent may give evidence to prove that the election of that person was undue, in the same manner as if the respondent had presented a petition complaining of such election. 177 When non-compliance with this Act invalidates election An election shall be set aside by the Electoral Court by reason of any mistake or noncompliance with the provisions of this Act if, and only if, it appears to the Electoral Court that— (a) the election was not conducted in accordance with the principles laid down in this Act; and (b) such mistake or non-compliance did affect the result of the election. 178 Withdrawal of election petition (1) An election petition may be withdrawn at any time. (2) If a petition is withdrawn the petitioner shall be liable to pay the costs of the respondent. (3) When there are more petitioners than one, no application to withdraw a petition shall be made without the consent of all the petitioners. 179 Election petition terminated on death of petitioner (1) An election petition shall be terminated by the death of the sole petitioner or of all the petitioners, as the case may be, but such abatement shall not affect the liability of the estate of the petitioner or petitioners for the payment of costs previously incurred. (2) On the termination of a petition, any person who might have been a petitioner in respect of the election to which the petition relates may, within twenty-one days after such termination, apply to the Electoral Court to be substituted as a petitioner, and the Electoral Court may thereupon, if it thinks fit, substitute as a petitioner any such applicant who is desirous of being substituted and on whose behalf security to the same amount is given as is required in the case of a new petition. 180 Position when respondent does not oppose election petition A respondent who has given notice that he or she does not intend to oppose the election petition shall not, without the leave of the Electoral Court, be allowed to appear or to act as a party against the election petition in any proceedings thereon, and shall not sit or vote in Parliament, pending the result of the trial of the petition, and the Electoral Court shall, in all cases in which such notice has been given, report the same to the Commission. - 101 -