Comparison View

Formal Consolidation |  2020 RevEd
Time for making application
77.—(1)  Subject to subsections (2) and (3), every application under section 71 must be made within 21 days of the date of publication of the result of the election in the Gazette.
(2)  An application under section 71 questioning the return or the election upon the ground of a corrupt practice and specifically alleging a payment of money or other act to have been made or done since the date referred to in subsection (1) by the President whose election is questioned or by an agent of the President or with privity of the President or any of his or her election agents pursuant to or in furtherance of the corrupt practice may, so far as respects that corrupt practice, be made at any time within 28 days after the date of the payment or act.
(3)  An application under section 71 questioning the return or the election upon an allegation of an illegal practice may, so far as respects that illegal practice, be made within the following time:
(a)at any time before the end of 14 days after the date of the publication in the Gazette of the notice required by section 57 as to the election expenses of the President whose election is questioned;
(b)if the application specifically alleges a payment of money or other act to have been made or done since that date by the President whose election is questioned or by an agent of the President or with the privity of the President or of any of his or her election agents pursuant to or in furtherance of the illegal practice alleged in the application, the application may be made at any time within 28 days after the date of the payment or other act.
(4)  An application under section 71 made in due time may, for the purpose of questioning the return or the election upon an allegation of a corrupt or illegal practice, be amended with the leave of an Election Judge within the time within which an application questioning the return or the election upon that ground may be made.
(5)  For the purposes of this section, where there is an authorised excuse for failing to make and transmit the return and statements respecting election expenses, the date of the allowance of the excuse or, if there was a failure in 2 or more particulars and the excuse was allowed at different times, the date of the allowance of the last excuse must be substituted for the date of the publication in the Gazette of the notice mentioned in subsection (3).
Informal Consolidation | Amended Act 28 of 2021
Time for making application
77.—(1)  Subject to subsections (2) and (3), every application under section 71 must be made within 21 days of the date of publication of the result of the election in the Gazette.
(2)  An application under section 71 questioning the return or the election upon the ground of a corrupt practice and specifically alleging a payment of money or other act to have been made or done since the date referred to in subsection (1) by the President whose election is questioned or by an agent of the President or with privity of the President or any of his or her election agents pursuant to or in furtherance of the corrupt practice may, so far as respects that corrupt practice, be made at any time within 28 days after the date of the payment or act.
(3)  An application under section 71 questioning the return or the election upon an allegation of an illegal practice may, so far as respects that illegal practice, be made within the following time:
(a)at any time before the end of 14 days after the date of the publication in the Gazette of the notice required by section 57 as to the election expenses of the President whose election is questioned;
(aa)at any time before the end of 21 days after the date of the publication of the result of the election in the Gazette, as to the declaration required by section 55A from the candidate whose election is questioned;
[Act 28 of 2021 wef 07/07/2022]
(b)if the application specifically alleges a payment of money or other act to have been made or done since that date by the President whose election is questioned or by an agent of the President or with the privity of the President or of any of his or her election agents pursuant to or in furtherance of the illegal practice alleged in the application, the application may be made at any time within 28 days after the date of the payment or other act.
(4)  An application under section 71 made in due time may, for the purpose of questioning the return or the election upon an allegation of a corrupt or illegal practice, be amended with the permission of an Election Judge within the time within which an application questioning the return or the election upon that ground may be made.
[Act 25 of 2021 wef 01/04/2022]
(5)  For the purposes of this section, where there is an authorised excuse for failing to make and transmit the return and statements respecting election expenses or make and give the declaration required by section 55A, the date of the allowance of the excuse or, if there was a failure in 2 or more particulars and the excuse was allowed at different times, the date of the allowance of the last excuse must be substituted for the date of the publication in the Gazette of the notice mentioned in subsection (3)(a) or the date of the publication of the results of the election in the Gazette mentioned in subsection (3)(aa), as the case may be.
[Act 28 of 2021 wef 07/07/2022]