||Title:||DISTRICT COUNCILS (ELECTION PETITION) RULES||Gazette Number:||L.N. 55 of 2000|
|Rule:||21||Heading:||Costs of election petition||Version Date:||03/03/2000|
(1) All costs of, or incidental to, the lodgement of an election petition and the proceedings consequent thereon, except such as are otherwise provided for under subrule (3), shall be defrayed by the parties to the election petition in such manner and in such proportions as the Court may determine.
(2) Any costs which in the opinion of the Court have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the petitioner or of the respondent, and any needless expenses incurred or caused on the part either of the petitioner or of the respondent, may be ordered to be defrayed by the parties by whom those costs or expenses have been incurred or caused whether or not those parties are on the whole successful.
(3) Where upon the trial of an election petition it appears to the Court that-
the Court may, after giving that person or those persons an opportunity of being heard by counsel or solicitor and examining and cross-examining witnesses to show cause why an order should not be made, order-
(a) corrupt conduct has not been proved to have been engaged in in reference to the election by or with the knowledge and consent of the respondent to the election petition; and (10 of 2000 s. 47)
(b) the respondent took all reasonable means to prevent corrupt conduct being engaged in on his behalf; but (10 of 2000 s. 47)
(c) any person or persons is or are proved, whether by providing money or otherwise, to have been extensively engaged in corrupt conduct, or to have encouraged or promoted extensive corrupt conduct, in reference to the election, (10 of 2000 s. 47)
(i) the whole or part of the costs to be paid by that person or those persons or any of them; but
(ii) if the costs cannot be, or are unlikely to be, so recovered from one or more of those persons, that they shall be paid by some other of those persons or by the petitioner or petitioners or the respondent or respondents.