|547C||Title:||DISTRICT COUNCILS (ELECTION PETITION) RULES||Gazette Number:||L.N. 143 of 1999|
|Rule:||14||Heading:||Evidence required for withdrawal of election petition||Version Date:||04/06/1999|
(1) Before leave to withdraw or abandon or cease to prosecute an election petition is granted, there shall be produced affidavits by all parties to the election petition and their solicitors (if any) and by the election agents (if any) of all the parties who were candidates at the election, but the Court may dispense with the affidavit of any particular person if it seems to the Court on special grounds to be just so to do.
(2) Each affidavit shall state that, to the best of the knowledge and belief of the deponent, no agreement of any kind whatsoever has been made, and no undertaking has been entered into, in relation to withdrawing or abandoning or ceasing to prosecute the election petition, but if any agreement has been made with respect to withdrawing or abandoning or ceasing to prosecute the election petition, the affidavit shall set forth that agreement and shall make the foregoing statement subject to what appears from the affidavit.
(3) The affidavits of the applicant and his solicitor (if any) shall further state the grounds on which the election petition is sought to be withdrawn or abandoned or no longer prosecuted.
(4) Copies of the affidavits shall be delivered to the Secretary for Justice not less than 7 days before the day appointed for the hearing of the application for leave to withdraw or abandon or cease to prosecute the election petition, and the Court may hear the Secretary for Justice or his representative in opposition to the application for leave to withdraw or abandon or cease to prosecute the election petition, and shall have power to receive the evidence on oath of any person or persons whose evidence the Secretary for Justice or his representative may consider material.
(5) Where more than one solicitor is concerned for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors.