Circuit Court Rules

ORDER 58

LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974 (NO 8 OF 1974)

1. In this Order —

“the Act” means the Local Elections (Petitions and Disqualifications) Act, 1974 (No 8 of 1974);

“Local Election” has the meaning assigned to it by section 1(1) of the Act;

“record”, and “transcript writer” each has the same meaning as in Order 67A.

[SI 354/08]

2. A petition in the court to question a local election shall be commenced by civil bill being an Election civil bill in accordance with Form 2M of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including sections 3 to 6 thereof. Such petition shall be brought in the county in which is situate the principal office of the Local Authority to which the petition relates.

3. The plaintiff shall be the petitioner and all persons who have been served with a copy of the civil bill pursuant to section 4(1) of the Act shall be defendants.

4. All election civil bills shall be served in accordance with the provisions of section 26 of the Act and shall be subject to the same rules as to filing as apply to all other categories of civil bill.

5. Each defendant/respondent shall within 10 days of the service of the civil bill enter an appearance and within a further 10 days serve on the plaintiff/petitioner and file in the office a defence in accordance with Form 6A of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary.

6. Save by special leave of the court every proceeding under the Act shall be tried upon oral evidence.

7. A record shall be made of the hearing of every proceeding under the Act by a person appointed by the Courts Service.

[SI 354/08]

8. Every appeal to the Court of Appeal under section 7(3) of the Act shall be by notice of appeal.

[SI 85/16]

9. (1) Every notice of appeal shall contain:

(a) the terms and provisions of the order of the Court appealed against, and

(b) the grounds of appeal.

(2) Every notice of appeal shall be in accordance with Form 38A of the Schedule of Forms, or such modification as may be necessary.

[SI 85/16]

10. The Rules of the Superior Courts relating to service and entry of an appeal to the Court of Appeal shall apply to service and entry of every appeal under section 7(3) of the Act.

[SI 85/16]

11. The appellant must lodge a copy of the notice of appeal with the County Registrar within 14 days of the date of the order appealed against.

[SI 85/16]

12. (1) The person responsible for the storage or custody of the record of the proceedings shall, at the court’s or the County Registrar’s request, make available the record or any part thereof to the court or the County Registrar, in such manner as is required.

(2) The transcript writer shall furnish to the court or the County Registrar at the County Registrar’s request a transcript of the whole of the record of the proceedings or of such part thereof as the court or the County Registrar may require. The transcript shall be typewritten or printed and certified by the transcript writer to be a complete and correct transcript of the whole of such record, or of the part required.

(3) The record shall contain the evidence, any objection taken in the course thereof, and the judgment of the Judge but shall not unless otherwise ordered by the Judge include any part of the speeches of solicitor or counsel.

(4) A party interested in an appeal may obtain from the County Registrar the whole or any part of the transcript prepared for the purposes of the appeal, upon payment of the proper charges.

[SI 354/08]

13. Every application for the opinion of the Supreme Court on any question of law arising at the trial of an action by virtue of the provisions of sub-section (1) of section 23 of the Act shall be by way of consultative case stated.

14. Every consultative case stated shall be in accordance with Form 38C of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary.

15. Every consultative case stated shall be prepared by the party applying for same or by the party nominated by the trial Judge and shall be settled by the trial Judge after consultation with all the parties to the proceedings and shall contain –

(a) A summary of the relevant facts of the proceedings.

(b) The question of law arising at the trial upon which the opinion of the Supreme Court is sought.

16. The Rules of the Superior Courts relating to cases stated to the Supreme Court contained in rule 2(2), of Order 59 thereof shall be adopted and apply to every consultative case stated herein.

17. (1) Every application to the court for leave to withdraw an Election civil bill shall be by notice of motion in accordance with Form 38D of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including sections 9 to 12 thereof.

(2) Copies of the two newspapers in which the notice of intention to apply to the court for leave to withdraw the Election civil bill has been inserted in accordance with the provisions of sub-section (3) of section 9 of the Act shall be lodged with the County Registrar immediately upon issue.

18. An application to the court under sub-section (3) of section 13 of the Act may be made ex parte.

19. In every proceedings to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable having regard to the provisions of sections 21 and 22 of the Act.

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