Section 57: Claim and payment for election expenses

57. Claim and payment for election expenses (1) Subject to this section— (a) every claim against a candidate at an election, or his election agent, in respect of any expenses incurred on account of, or in respect of, the conduct or management of the election, which is not sent in to the election agent within 14 days after the day on which the candidates returned are declared elected, shall be barred and shall not be paid, and an election agent who pays a claim which is barred under this paragraph shall be guilty of an illegal practice; and [Issue 9](cid:3) R20 – 26(cid:3) (cid:3) Revised Laws of Mauritius (b) all expenses incurred by or on behalf of a candidate at an election, which are incurred on account of, or in respect of, the conduct or management of the election, shall be paid within 28 days after the day on which the candidates returned are declared elected, and not otherwise, and an election agent who makes a payment in contravention of this paragraph shall be guilty of an illegal practice. (2) Where an election agent, in the case of any claim sent in to him within the time limited by section 56, disputes it, or refuses or fails to pay it within the period of 28 days, the claim shall be deemed to be a disputed claim. (3) (a) The claimant may bring an action for a disputed claim in the competent Court. (b) Any sum paid by the candidate or his agent in pursuance of the judgment or order of the Court shall be deemed to be paid within the time limited by subsection (1). (4) On cause shown to the satisfaction of a Judge in Chambers, or, in Rodrigues, of the Magistrate appointed for the purpose, the Judge or Magistrate, on application by the claimant or by the candidate or by his election agent, may by Order give leave for the payment by a candidate or his election agent of a disputed claim, or of a claim for any such expenses as are mentioned in subsection (1) although sent in after the time limited in that subsection, or although sent in to the candidate and not to the election agent, and any sum specified in the order may be paid by the candidate or his election agent, and when paid in pursuance of the order, shall be deemed to be paid within the time limited by subsection (1). PART V – ELECTION OFFENCES