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Report exonerating candidate in certain cases of corrupt and illegal practice by agents

Parliamentary Elections Act 1954

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Where, upon the hearing of an application under section 90 respecting an election under this Act, the Election Judge reports that a candidate at the election has been guilty by his or her agents of the offence of treating or undue influence or of any illegal practice in reference to the election, and the Election Judge further reports, after giving the Public Prosecutor an opportunity of being heard, that the candidate has proved to the court —(a)that no corrupt or illegal practice was committed at the election by the candidate or his or her election agent and the offences mentioned in the report were committed contrary to the orders and without the sanction or connivance of the candidate or his or her election agent;(b)that the candidate and his or her election agent took all reasonable means for preventing the commission of corrupt and illegal practices at the election;(c)that the offences mentioned in the said report were of a trivial, unimportant and limited character; and(d)that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of his or her agents,then the election of the candidate is not, by reason of the offences mentioned in the report, void, and the candidate is not subject to any incapacity under this Act.

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