Section 42: Writ where election declared invalid

42. Writ where election declared invalid (1) Where, pursuant to a petition presented under section 45, a person who has been returned to represent a constituency is declared to have been unduly returned or elected, the Registrar of the Court shall, as soon as reasonably practicable, give written notice to the Speaker of— (a) the decision of the Court in the matter; and R20 – 19 [Issue 1] Representation of the People Act (b) where an appeal is made against the decision of the Court— (i) the appeal; and (ii) the result of the proceedings on appeal. (2) The President, acting in accordance with the advice of the Prime Minister, shall, within 55 days of being notified under section 40 (a) of the occurrence of a vacancy, issue a writ of election for the purpose of electing a member in the place of the person who has been declared to have been unduly returned or elected. (3) Section 41 (1) (a) and (b) shall apply to an election held under subsection (2). [S. 42 amended by Act 48 of 1991.]