Section 236:
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
236. Electoral petitions – Amendments—Electoral petitions are not like any
other civil action. They are matters of great public interest and not merely of
private individual interest. Unlike the much longer periods prescribed for civil
actions of various kinds involving merely private interests, the periods within
which election petitions may be entered are relatively limited. That period is
21 days for the kind of petition that is now before the Court. There are good
reasons for this.
The principles governing amendments to electoral petitions are plain.
These amendments are allowable when made within 21 days in petitions.
However, when that time has expired, no amendments are possible if the
purpose is to introduce fresh causes of action or charges. In the same way
no amendments are possible where the purpose is to introduce an issue, especially one involving grave inegality, not otherwise properly disclosed by
reason of the fact that the original averments were so vague or defective in
material respects as could not properly be remedied by the mere supply of
particulars. Mauritius law is similar to English Law in this regard (vide 15
Halsbury’s Laws of England, 4th edition, “Elections”. Bonnelame v Cure
(1991).
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