262 Certificate of court as to result of petitions

At the conclusion of the trial of an election petition to which section 258 applies, the Court of Appeal shall—

(a)

determine whether the procedures used to allocate seats to political parties under sections 191 to 193 were correct:

(b)

determine whether the return of members of Parliament consequential upon the allocation under sections 191 to 193 is valid:

(c)

make such orders as are necessary to correct any error or invalidity, including—

(i)

an order that any declaration of election made pursuant to section 193(5), so far as it relates to any candidate named in the order, is invalid and the election of that candidate void:

(ii)

an order that any candidate not named in a declaration of election made pursuant to section 193(5) is elected as a member of Parliament:

(iii)

an order requiring the Electoral Commission to repeat any or all of the procedures prescribed by sections 191 to 193:

(d)

forthwith certify in writing its determination to the Speaker and the determination so certified shall be final to all intents and purposes.

Section 262(c)(iii): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).