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Report of Election Judge as to corrupt or illegal practice

Parliamentary Elections Act 1954

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—(1) At the conclusion of the hearing of an application under section 90, the Election Judge must also report in writing to the President —(a)whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, or by his or her agent, and the nature of the corrupt or illegal practice (if any); and(b)the names and descriptions of all persons (if any) who have been proved at the hearing to have been guilty of any corrupt or illegal practice.(2) Before any person, not being a party to an application under section 90 nor a candidate on behalf of whom the seat is claimed by such an application, is reported by an Election Judge under this section, the Election Judge must give the person an opportunity of being heard and of giving and calling evidence to show why the person should not be so reported.(3) When the Election Judge reports that a corrupt or illegal practice has been committed by any person, that person is subject to the same incapacities as if at the date of the report he or she had been convicted of that practice.(4) A person is subject to the same incapacities if he or she was a candidate at the election and the Election Judge reports that the corrupt or illegal practice was committed with his or her knowledge and consent or by his or her agent.(5) The President must cause a copy of such report to be published in the Gazette, and it is the duty of the Registration Officer immediately to peruse the report and immediately to delete from the registers of electors the name of every person appearing from the report to be incapable of voting at an election.

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