Section 40
( 1) At the conclusion of the trial of an election peti-Report of
Judge as to tion the Election Judge shall also report to His Majesty in corruptor writing illegal prac-tice
(a)
whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candi-date at the election, or by his agent, and the nature of such corrupt or illegal practice, if any; and
(b)
the names and descriptions of all persons if any, who have been proved at the trial to have been guilty of any corrupt or illegal practice.
(2)
Before any person, not being a party to an elec-tion petition nor a candidate on behalf of whom the seat is claimed by an election petition, is reported by an Election
Judge under this section, the Election Judge shall give such person an opportunity of being heard and of giving and calling evidence to show why he should not be so reported.
Cl
44
Time for pre-sentation
Election Offences
(3)
When an Election Judge reports that a corrupt or illegal practice has been committed by any person, that per-son shall be subject to the same incapacities as if at the date of the said report he had been convicted of that practice and a person shall be subject to the same incapacities if he was a candidate at the election and the Election Judge reports that such corrupt or illegal practice was committed with his knowledge and consent or by his agent.
(4)
His Majesty shall cause a copy of such report to be published in the Gazette, and it shall be the duty of every registering officer forthwith to peruse the report and forth-with to delete from the register or list of electors assigned to him the name of every person appearing from the report to be incapable of voting at an election.