Withdrawal and substitution of respondents before trial
115.—(1) If before the trial of an Assembly election petition a respondent other than a returning officer—
(a)gives the prescribed notice that he does not intend to oppose the petition or dies, or
(b)resigns his seat or otherwise ceases to hold that seat,
notice of any of those matters shall be given in the Assembly constituency or electoral region to which the petition relates, and, within the prescribed time after the notice is given, any person who might have been a petitioner in respect of the election or return may apply to a member of the election court or to the High Court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly, except that the number of persons so admitted shall not exceed three.
(2) A respondent who has given the prescribed notice that he does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings on the petition, and he shall not sit in the Assembly or vote in its proceedings until the Assembly has been informed of the report on the petition.
(3) Where a respondent to a petition has given that notice in the prescribed time and manner, the High Court or either of the judges constituting the election court shall report that fact to the presiding officer of the Assembly; and the presiding officer of the Assembly shall give such public notice of that fact as he considers appropriate.