PART 4Legal proceedings

Presentation and service of Assembly election petition87

1

An Assembly election petition may be presented by one or more of the following persons—

a

a person who voted as an elector at the election or who had a right so to vote;

b

a person claiming to have had a right to be elected or returned at the election;

c

a person alleging himself to have been a candidate at the election; or

d

a person claiming to have had a right to be returned in an electoral region vacancy.

2

The reference in paragraph (1)(a) to a person who voted as an elector at the election or who had the right so to vote does not include a person who had an anonymous entry in the register of electors.

3

Any Assembly member whose election or return is complained of is hereinafter referred to as a respondent but if the petition complains of the conduct of a constituency or a regional returning officer, the returning officer shall for the purposes of this Part be deemed to be a respondent.

4

Paragraph (3) also applies if the petition complains of the conduct of a constituency returning officer in the exercise of his functions in relation to a regional election.

5

The petition shall be in the prescribed form, state the prescribed matters and be signed by the petitioner, or all the petitioners if more than one, and shall be presented to the High Court48.

6

The petition shall be presented by delivering it to the prescribed officer or otherwise dealing with it in the prescribed manner; and the prescribed officer shall send a copy of it to the returning officer of the Assembly constituency or electoral region to which the petition relates, who shall forthwith publish it in that Assembly constituency or electoral region.

7

The petition shall be served in such manner as may be prescribed.