Lawgist97Recrimination when seat claimed
(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:
Provided that the returned candidate or such other party, as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of 1[commencement of the trial], given notice to 2[the High Court] of his intention to do so and has also given the security and the further security referred to in sections 117 and 118 respectively.
(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and 3*** particulars required by section 83 in the case of an election petition and shall be signed and verified in like manner.
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1.Subs. by Act 27 of 1956, s. 52, for "the publication of the election petition under section 90" (w.e.f. 28-8-1956).
2. Subs. by Act 47 of 1966, s. 42, for "the Tribunal" (w.e.f. 14-12-1966).
3. The words "list of" omitted by s. 52, ibid. (w.e.f. 28-8-1956).
- 86 Trial of election petitions
- 87 Procedure before the High Court
- 93 Documentary evidence
- 94 Secrecy of voting not to be infringed
- 95 Answering of criminating questions and certificate of indemnity
- 96 Expenses of witnesses
- 97 Recrimination when seat claimed
- 98 Decision of the High Court
- 99 Other orders to be made by the High Court
- 100 Grounds for declaring election to be void
- 101 Grounds for which a candidate other than the returned candidate may be declared to have been elected
- 102 Procedure in case of an equality of votes
- 103 Communication of orders of the High Court
- 104 [Omitted.]
- 105 [Omitted.]
- 106 Transmission of order to the appropriate authority, etc., and its publication
- 107 Effect of orders of the High Court
