EUROPEAN ASSEMBLY ELECTIONS ACT, 1977

• (b) notwithstanding the death of any person to whose election the petition relates, his resignation as a representative in the Assembly or his otherwise ceasing to be such representative, the trial shall be continued until its result is determined;

• (c) the Director of Public Prosecutions may at any stage be represented at and take part in the trial as a party, whether of his own motion or at the request of the court;

• (d) the returning officer for the relevant constituency and any local returning officer concerned shall, at the request of the court, attend the trial and give such assistance as shall be requested of him by the court, but without prejudice to his being a party to the proceedings or being called as a witness by any such party.

Counting of votes afresh.

• (a) that all the votes cast at the election in the constituency to which the petition relates shall be counted afresh, or

• (b) that all the votes so cast and recorded on the ballot papers contained in a particular parcel shall be so counted,

and where the court so orders, the provisions of the following paragraphs shall have effect.

• (2) Votes to which an order under this Rule relates shall be counted afresh under the direction of the court and, subject to paragraphs (3) and (4) of this Rule and to such modifications (if any) as the court considers necessary, the provisions of Chapter III of Part III of this Schedule relating to the counting of votes at an election shall apply to such counting.

• (3) Where votes are counted afresh pursuant to an order under this Rule, the court shall cause the following to be ignored:

• (a) preferences recorded on ballot papers which are invalid by virtue of Rule 58 (2) of this Schedule,

• (b) preferences recorded on forged or counterfeited ballot papers, and

• (c) preferences recorded for any person who, with respect to the relevant Assembly election, is found by the court not to have been eligible for election under this Act to the Assembly.

• (4) The court shall have power to reverse any decision of a returning officer at the original count.

• (5) The costs of giving effect to an order under this Rule shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 14 (6) of this Act shall, with respect to the services and expenses properly rendered or incurred by the returning officer for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the returning officer for, or in connection with, the relevant Assembly election.

Withdrawal of petition.

• (2) Except in the case of a petition presented by the Director of Public Prosecutions, when applying for leave for the withdrawal of a petition, the petitioner shall submit to the court an affidavit stating:

• (a) the reasons for the proposed withdrawal, and

• (b) that, to the best of the petitioner's knowledge and belief, neither an agreement nor an undertaking has been made or entered into in relation to the withdrawal of the petition in consideration of any payment or the cesser of membership of the Assembly or for any substantial reason not stated in the affidavit.

• (3) Notice of intention to apply for leave to withdraw a petition shall be given by the petitioner by the publication in at least two daily newspapers circulating in the constituency to which the petition relates of a notice to that effect and the notice shall also state the time and place at which the application will be made and that any person may apply to the court to be substituted for the petitioner.

• (4) Except in the case of a petition presented by the Director of Public Prosecutions, a copy of the affidavit mentioned in paragraph (2) of this Rule together with notice of the time and place at which the application will be made shall be given by the petitioner to the Director of Public Prosecutions who may be represented at, and if he thinks fit, oppose the application.

• (5) Where the petition has been presented by more than one petitioner, the affidavit mentioned in paragraph (2) of this Rule shall, unless the court otherwise directs, be made by all the petitioners.

• (6) The withdrawal of a petition pursuant to this Rule shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.

Substitution of new petitioner following withdrawal.

• (2) In case the court substitutes a petitioner under paragraph (1) of this Rule and is of opinion that the application for leave to withdraw the petition was the result of any agreement or undertaking the making of which or the entering into which is declared by Rule 95 of this Schedule to be an offence, the court may direct that the security for costs given by the original petitioner shall remain as security for the costs that may be incurred by the substituted petitioner and that, to the extent of the sum named in the security, the original petitioner and his sureties, if any, shall be liable to pay the costs of the substituted petitioner.

Substituted petitioners.

• (2) In case the court substitutes a petitioner under Rule 104 of this Schedule and does not make a direction under paragraph (2) of that Rule, or in case the court substitutes a petitioner under Rule 106 of this Schedule, the security required by this Act in the case of a new petition, and subject to the like conditions, shall be given by the substituted petitioner, and in case such security is not so given no further proceedings shall be had on the petition and the petition shall abate, but the abatement shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.

Abatement of petition.

• (2) The abatement of a petition by virtue of paragraph (1) of this Rule shall not affect the liability of the petitioner or any other person (or of his estate) for the payment of costs previously incurred.

• (3) At any time within the fourteen days next after the day of any such abatement, any person may apply to the court to be substituted as a petitioner and the court may, if it thinks fit, substitute him accordingly, and in case the court makes an order under this Rule the petition shall thereupon be revived.

Matters relating to final order on trial of petition.

• (2) The court shall have power to make such amendments in the return of persons elected made to the chief returning officer by a returning officer as it considers necessary in consequence of its decision on a petition.

Effect of certain declarations by court.

• (2) Where an order mentioned in paragraph (1) of this Rule declares that, in the place of any person declared by the order not to have been duly elected or not to have been eligible for election under this Act to the Assembly, a specified other person was ascertained to have been elected, that other person shall forthwith stand elected as a representative to the Assembly.

No action to be taken in certain circumstances to fill vacancy in Assembly.

Witnesses.

• (2) Subject to paragraph (3) of this Rule, a person who is called as a witness at the trial of a petition shall not be excused from answering any question relating to any offence at or connected with the relevant Assembly election on the ground that the answer thereto may incriminate or tend to incriminate him or on grounds of privilege; provided that,

• (a) a witness who satisfies the court that he has answered truly all the questions which he is required by the court to answer shall be entitled to receive from the court a certificate stating that the witness has so answered, and

• (b) an answer by a witness who has received such a certificate to a question put at the trial of a petition shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be in any proceeding, civil or criminal, admissible in evidence against him.

• (3) Nothing in this Rule shall be construed as affecting the right of any party to a petition to call any person as a witness.

Costs of petition.

• (2) Without prejudice to paragraph (1) of this Rule, where on the trial of a petition, it appears to the court that any person or persons committed electoral offences in relation to the relevant Assembly election, the court may, after giving the person or persons an opportunity of being heard to show cause why the order should not be made, if it so thinks fit, order the whole or part of the costs of the petition other than the costs of counting votes afresh under Rule 102 of this Schedule, to be paid by that person, or those persons or any of them, and may order that in case such costs cannot be wholly recovered from the person or persons they shall be paid by some other or others of those persons.

Further provisions regarding costs.

• (2) Costs awarded to a returning officer or a local returning officer at the trial of a petition shall be a simple contract debt due to the Minister for Finance and such debt, in default of being discharged, may be recovered by that Minister in any court of competent jurisdiction.

• (3) Subject to paragraph (4) of this Rule, costs awarded against a returning officer or a local returning officer at the trial of a petition shall be paid out of the Central Fund.

• (4) Where the court is satisfied that the returning officer or a local returning officer has been grossly negligent in the discharge of his duties, the court may order that the officer shall be liable for any costs awarded against him by the court.

• (5) Where an order is made under paragraph (4) of this Rule any costs awarded against an officer which are paid out of the Central Fund shall be a debt due to the Minister for Finance by the officer, and such debt, in default of being discharged, shall be recoverable by that Minister in any court of competent jurisdiction as a simple contract debt due to him.

Statement of case to Supreme Court.

• (2) Notwithstanding anything contained in this Schedule, where a case is stated under this Rule the court shall not determine the petition until the Supreme Court has given its decision and may adjourn the trial or any part there of until such decision is given.

• (3) Costs incurred in relation to a case stated under this Rule shall for all purposes be part of the costs incurred in relation to the petition.

PART VI General

Secrecy.

• (a) present at the issue of ballot papers to postal voters, or

• (b) present at the opening of postal ballot boxes, or

• (c) admitted to a polling station in any capacity, or

• (d) present in any capacity at the counting of the votes, shall maintain, and aid in maintaining, the secrecy of the ballot.

Illness etc. of returning officer or local returning officer.

• (2) Where a vacancy occurs in the office of county registrar or sheriff and the holder was a returning officer or local returning officer, the Minister, if he so thinks proper, may appoint a person to act as returning officer or local returning officer during the period of the vacancy.

Taxation of returning officer's account etc.

• (2) On the request of a returning officer or local returning officer for an advance on account of his charges the Minister for Finance may, if he thinks fit, and on such terms as he thinks fit, make such an advance.

• (3) The taxation under this Rule of the account of a returning officer or local returning officer shall, if the judge so directs on the application of such officer, include determination of the amount of any claim made by any person against such officer in respect of any matter charged for in such account.

Publication of notices.

Issuing of instructions.

• (2) Subject to paragraph (3) of this Rule, it shall be the duty of every returning officer or local returning officer to observe and comply with all instructions given to him by the Minister.

• (3) No returning officer or local returning officer shall be required or authorised by an instruction given to him by the Minister under this Rule to do any act (whether of commission or omission) which is contrary to this Act, or which would, directly or indirectly, infringe the secrecy of the ballot.

Polling districts and places.

Interpretation (First Schedule).

“ballot paper” has the meaning assigned to it by Rule 22 (1);

“certificate of political affiliation” has the meaning assigned to it by Rule 4(4);

“covering envelope” has the meaning assigned to it by Rule 26 (3);

“excluded day” means a day which is a Sunday, Christmas Day, Good Friday or a bank holiday or a day which by virtue of a statute or proclamation is a public holiday;

“Notice of Election” has the meaning assigned to it by Rule 2;

“notice of poll” has the meaning assigned to it by Rule 21;

“the official mark” has the meaning assigned to it by Rule 23(1);

“personation agent” has the meaning assigned to it by Rule 16(4);

“postal ballot box” has the meaning assigned to it by Rule 27(1);

“the quota” has the meaning assigned to it by Rule 60(1).

• (2) References in this Schedule to polling districts and polling places shall be construed having regard to Rule 119.

SECOND SCHEDULE Constituencies