PART 4Legal proceedings

Method of questioning Assembly election86

1

No Assembly election and no return to the Assembly shall be questioned except by a petition complaining of an undue election or undue return (“an Assembly election petition”) presented in accordance with this Part; and “Assembly election petition” includes a petition complaining of an undue return in respect of a vacancy in an electoral region.

2

A petition complaining of no return shall be deemed to be an Assembly election petition and the High Court—

a

may make such order on the petition as they think expedient for compelling a return to be made; or

b

may allow the petition to be heard by an election court as provided with respect to ordinary Assembly election petitions.

3

In this Part, the expression “return” as the context requires refers to a return following an Assembly election and “vacancy return” refers to a return in respect of a vacancy in an electoral region.