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Section 46: Trial of election petition

Representation of the People Act · PART III: ELECTIONS

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

46. Trial of election petition (1) During the trial of an election petition the Court may order— (a) the production and inspection of a rejected ballot paper; (b) the inspection of a counted ballot paper; or (c) the opening of a sealed packet of counterfoils of used ballot papers. (2) In making and carrying into effect an order under subsection (1), the Court shall ensure that the way in which the vote of any person has been given shall not be disclosed until it has been proved that the vote was given and the vote has been declared by the Court to be invalid. (3) No person who has voted at an election shall, in any legal proceeding to question the election or return, be required to state for whom he has voted.

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