Section 41
Section 41
(1)
Every election petition shall be presented within 21 days of the date of publication of the result of the election in the Gazette.
Provided that -
(a)
an election petition questioning the return or the election upon the ground of a corrupt prac-tice and ·§pecifically alleging a payment of money or other act to have been made or done since the date aforesaid by the person whose election is questioned or by an agent of the person or with the privity of the person or his election agent in pur-suance or in furtherance of such corrupt practice may, so far as respects such corrupt practice, be presented at any time within 28 days after the date of such payment or act;
(b)
an election petition questioning the return or the election upon an allegation of an illegal practice may, so far as respects such illegal prac-tice, be presented within the time following, that is to say
---
Election Offences
(i)
at any time before the expiration of 14 days immediately after the date of the publication in the Gazette of the notice required by sec-tion 26 as to the election expenses of the per-son whose election is questioned;
(ii)
if the election petition specifically alleges a payment of money or other act to have been made or done since the said date by the per-son whose election is questioned or by an agent of the person or with the privity of the person or of his election agent in pursuance or in furtherance of the illegal practice alleged in the petition~ the petition may be presented at any time within 28 days imJ.llediately after the date of such payment or other act.
(2)
An election petition presented in due time may~
for the purpose of questioning the return or the election upon an allegation of a corrupt or illegal practice, be amended with the leave of a Judge of the High Court within the time within which an election petition questioning the return or the election upon that ground may be presented.
(3)
For the purposes of this section, where there is an authorised excuse for failing to make and transmit the return and statements respecting election expenses, the date of the allowance of the excuse or, if there was a failure in two or more particulars and the excuse was allowed at diffe-rent times~ the date of the allowance of the last excuse shall be substituted for the date of the publication of the notice mentioned in subparagraph (i) of paragraph (b) of the pro-viso to subsection (1) of this section.
45 42.
No elector who has voted at any election shall, in any Prohibition proceeding to question the election, be required to state for ~~~~~osure whom he has voted.
46
Votes to be struck off at scrutiny
Election Offences 43.
(1)
On a scrutiny at the trial of an election petition the following votes only shall be struck off, namely-
(a)
the vote of any person whose name was not on the register or list of electors assigned to the polling station at which the vote was recorded or who has not been authorised to vote at such sta-tion;
(b)
the vote of any person whose vote was pro-cured by bribery, treating, or undue influence;
(c)
the vote of any person who committed or procured the commission of personation at the election;
(d)
where the election was an ordinary election, the vote of any person proved to have voted at such ordinary election in more than one consti-tuency, electoral ward or electoral district;
(e)
the vote of any person, who, by reason of a conviction of a corrupt or illegal practice or by reason of the report of an Election Judge, or by reason of his conviction of an offence under sec-tion 3 was incapable of voting at the election;
(f)
votes given for a disqualified candidate by a voter knowing that the candidate was disqualified or the facts causing the disqualification, or after sufficient public notice of the disqualification, or when the disqualification or the facts causing it were notorious.
.
(2)
The vote of a registered elector shall not, except in the case specified in paragraph (e) of subsection ( 1) of this section, be struck off at a scrutiny by reason only of the voter not having been or not being qualified to have his name entered on the register or list of electors.
-
Election Offences
(3)
On a scrutiny, any tendered vote proved to be a valid vote shall, on the application of any party to the peti-tion, be added to the poll.