23 July 2017
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Law Soc: Supreme Court (Presidential Elections) (Application for Avoidance of Election) (Amendment) Rules 2017

Law Society

Supreme Court (Presidential Elections) (Application for Avoidance of Election) (Amendment) Rules 2017 

The Rules Committee has amended the Supreme Court (Presidential Elections) (Application for Avoidance of Elections) Rules ('Rules'). These amendments came into operation on 1 June 2017.

The amendments to the Rules are summarised as follows:

General, consequential amendments to the processes concerning applications made by the Presidential Elections Committee ('PEC') under section 71(f) of the Presidential Elections Act (Cap. 240A) ('PEA') to declare that an election of a candidate as President is void;

A clarification that the PEC is not liable to deposit security for the payment of all costs, charges and expenses where it makes an application under section 71(f) PEA;

That an application under section 71(f) PEA must not be amended, struck out, stayed or dismissed by the Election Judge pursuant to grounds set out in rule 34(3) of the Rules, and such application must be determined on its merits unless the PEC withdraws the application; and

In general, no order for costs or security for costs may be made against the PEC in any proceedings under the Rules.

Click here to access the amendments to the Rules as set out in the Supreme Court (Presidential Elections) Application for Avoidance of Election) (Amendment) Rules 2017.