Constituency Election Petition Rules 2008 (SR 2008/383) (as at 01 October 2010)

Regulation by clause

23 Notice of respondent’s death or loss of seat before trial of petition under section 256(1)(a) or (c) of Act
  • (1) This rule applies if, before the trial of a petition, a respondent (other than a Returning Officer or a Registrar of Electors) dies or loses his or her seat because the House of Representatives resolves that his or her seat is vacant.

    (2) The Registrar of the Court must, on learning of the death or the loss by the respondent of his or her seat, give notice of the death or loss.

    (3) The Registrar of the Court must give the notice by—

    • (a) publishing the notice at least once in a newspaper circulating in the district to which the petition relates; and

    • (b) leaving a copy of the notice signed by him or her, or on his or her behalf, with the Returning Officer; and

    • (c) serving a copy of the notice signed by him or her, or on his or her behalf, on each petitioner.

    Compare: 1908 No 89 Schedule 2 r 816 (SR 1998/325)