ELECTORAL ACT (as amended at 24th January 2008)
181
Costs of election petition
(1) All costs, charges and expenses of and incidental to the presentation of an election
petition, and to the proceedings consequent thereon, shall be defrayed by the parties to the
election petition in such manner and in such proportion as the Electoral Court may determine,
regard being had to—
(a) the disallowance of any costs, charges or expenses which may, in the opinion of the
Electoral Court, have been caused by vexatious conduct, unfounded allegations or
unfounded objections on the part either of the petitioner or of the respondent; and
(b) the discouragement of any needless expense by throwing the burden of defraying the
same on the parties by whom it has been caused, whether such parties are or are not
on the whole successful.
(2) The costs referred to in subsection (1) may be taxed and recovered in the same
manner as the costs of civil proceedings in the High Court.
(3) If—
(a) any petitioner makes default, for a period of thirty days after demand, in paying to
any person summoned as a witness on his or her behalf or to the respondent any sum
certified to be due to him or her for his costs, charges or expenses; and
(b) the default is proved to the satisfaction of the Electoral Court;
every person who has entered into a recognizance relating to the petition shall be held to have
made default in his or her said recognizance, and the registrar of the Electoral Court shall
thereupon certify such recognizance to be forfeited, and execution may thereupon, by leave of
the Electoral Court, be sued out thereon at the suit of any such witness or respondent as
occasion may require.
182
Time within which election petition to be determined
Every election petition shall be determined within six months from the date of its
presentation.
PART XXIV
GENERAL
183
When incapacity may be removed
Whenever a person has become subject to any incapacity under this Act or any other law
by reason of a conviction, or by reason of a declaration or report of a court, and any witness
who gave evidence against such incapacitated person upon the proceedings for the said
conviction, declaration or report is convicted of perjury or of contravening subsection (2) of
section one hundred and seventy-four in respect of that evidence, the incapacitated person
may apply to the Electoral Court which, if satisfied that the conviction, declaration or report,
so far as it concerns that person, was based upon perjured or false evidence, may order that
his or her incapacity shall from that time cease, and the incapacity shall cease accordingly.
184
No person required to divulge how he or she voted
No person who has voted at an election shall in any legal proceedings, whether taken to
question the election or return or otherwise, be required to state for whom he or she has voted.
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