Section 45: Election petition and security for costs

45. Election petition and security for costs (1) (a) Subject to paragraph (b), a petition (in this Act referred to as an “election petition”) complaining of an undue election of a member to service in a council on the ground that— (i) the person whose election is questioned was not qualified or was disqualified at the time of the election; or (ii) the election was avoided by reason of bribery, treating, undue influence, illegal practice, irregularity, or any reason, may be presented to a Judge in Chambers by— (A) a person who voted or had the right to vote at the election to which the petition relates; (B) a person who claims to have had a right to be returned or elected at the election to which the petition relates; or (C) a person who alleges he was a candidate at the election to which the petition relates. (b) Nothing in this Act shall authorise the presentation of an election petition on the ground that a candidate other than the person whose election is questioned was not qualified or was disqualified for election. [Issue 1] R20 – 20 Revised Laws of Mauritius (c) Notwithstanding this Act or any other enactment, an election petition shall not be presented against a member and the return or election of a member shall not be avoided on the ground that, in connection with, or in furtherance of, his candidature or for his return or election— (i) an act was done, services were rendered or expenditure was incurred by a public officer, a local government officer or an officer of a statutory corporation where the act was done, the services were rendered or the expenditure was incurred either in the discharge or purported discharge of the officer’s function or while the member was the holder of an office; or (ii) an act was done, services were rendered or expenditure was incurred by the member where the act was done, the services were rendered or the expenditure was incurred while the member was the holder of an office. (2) On the presentation of an election petition— (a) the petition shall be signed by the petitioner, or all petitioners if more than one, and shall be presented to a Judge in Chambers who shall fix a day on which the Court shall hear the petition; (b) the petition shall be heard and determined by a Court consisting of at least 2 Judges; (c) the petition shall be presented within 21 days or, in the case of Rodrigues, 56 days after the date of the return made by the returning officer to the Commission of the member to whose election the petition relates, unless it questions the return or election upon an allegation of illegal practice and specifically alleges a payment of money or some other act to have been made or done since the date of such return by the member, or an agent of the member or with the privity of the member or his election agent in pursuance or in furtherance of the illegal practice alleged in the petition, in which case the petition may be presented at any time within 28 days or, in the case of Rodrigues, 70 days after the date of such payment or other act; (d) at the time of the presentation of the petition or not later than 3 days thereafter, security for the payment of all costs, charges and expenses that may become payable by the petitioner— (i) to any person summoned as a witness on his behalf; or (ii) to the member whose election or return is complained of, or to any other person named as a respondent in the petition, shall be given on behalf of the petitioner; and (e) the security shall be of an amount the date of such payment or other act; (d) at the time of the presentation of the petition or not later than 3 days thereafter, security for the payment of all costs, charges and expenses that may become payable by the petitioner— (i) to any person summoned as a witness on his behalf; or (ii) to the member whose election or return is complained of, or to any other person named as a respondent in the petition, shall be given on behalf of the petitioner; and (e) the security shall be of an amount of 10,000 rupees and shall be given by recognisance to be entered into before the Master and Registrar by any number of sureties, not exceeding 4, approved by him, or by a deposit of money in the Registry of the Court or partly in one way and partly in the other. R20 – 21 [Issue 1] Representation of the People Act