The European Assembly Election Petition Rules 1979

12.—(1) An application for leave to withdraw a petition shall be made by motion to the election court or a Divisional Court at such time and place as the court may appoint.

(2) Not less than seven days before the day so appointed the petitioner shall—

(a)serve notice of motion on the respondent, the returning officer and the Director of Public Prosecutions and lodge a copy in the election petitions office;

(b)publish notice of the intended motion in at least one newspaper circulating in the constituency to which the petition relates.

(3) The notice of motion shall state the grounds on which the application to withdraw is made and contain a statement to the effect that, on the hearing of the application, any person who might have been a petitioner in respect of the election may apply to the court to be substituted as a petitioner.

(4) The returning officer shall upon receipt of the notice forthwith publish it in his constituency.

(5) Where on the hearing of the application a person is substituted as a petitioner, any security required to be given by him shall be given within three days after the order of substitution.