Contents of Section

Chapter:

576B PDFTitle:VILLAGE REPRESENTATIVE (ELECTION PETITION) RULESGazette Number:L.N. 151 of 2003
Rule:21Heading:Costs of election petitionVersion Date:06/06/2003

(1) All costs of, or incidental to, the lodgement of and the proceedings for an election petition shall be borne by the parties to the election petition in such manner and in such proportion as the Court may determine.
(2) Without limiting subsection (1), if it appears to the Court that-

        (a) any costs have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the petitioner or of the respondent; or
        (b) any needless expenses have been incurred or caused on the part either of the petitioner or of the respondent,
the Court may order such costs or expenses to be borne by the parties by whom those costs or expenses have been incurred or caused whether or not those parties are on the whole successful in the proceedings for the election petition.
(3) If it appears to the Court that-
        (a) corrupt conduct has not been proved to have been engaged in, in relation to the election, by or with the knowledge and consent of the respondent to the election petition;
        (b) the respondent has taken all reasonable steps to prevent corrupt conduct being engaged in on his behalf; and
        (c) another person or persons have been proved to have been extensively engaged in corrupt conduct, or to have encouraged or promoted extensive corrupt conduct in relation to the election, whether by providing money or otherwise,
the Court may make an order under subsection (4).
(4) The Court may order-
        (a) the whole or part of the costs to be paid by the person or persons referred to in subsection (3)(c) or any one of those persons; or
        (b) if the Court is satisfied that the costs cannot be, or are unlikely to be, recovered from one or more of those persons that they shall be borne by any other person out of those persons or by the petitioner or the respondent.
(5) Before making an order under subsection (4), the Court shall give that person or those persons an opportunity to show cause why such an order should not be made.