Supreme Court (Presidential Elections Petition) Rules

Supreme Court of Judicature Act

(Chapter 322, Section 80 and Article 93A(3) of the Constitution of the Republic of Singapore)

R 7

REVISED EDITION 1997

(26th September 1997)

[16th April 1993]

Citation

1. These Rules may be cited as the Supreme Court (Presidential Elections Petition) Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“Act” means the Presidential Elections Act (Cap. 240A);

“election” means an election for the purposes of electing the President;

“Election Court” means the Judge presiding at the hearing of an election petition;

“Judge” means the Election Judge as defined in section 2 of the Act;

“Returning Officer” means the Returning Officer appointed under section 3 of the Act.

Manner of presentation of petition

3.—(1) The presentation of an election petition shall be made by filing it at the office of the Registrar, and the Registrar or the officer of his department with whom the petition is filed shall, if required, give a receipt in Form 1 in the Schedule.

(2) There shall also be left with the petition 2 copies thereof.

Contents and form of election petition

4.—(1) Every election petition shall be in Form 2 in the Schedule, or a form to the like effect, and shall state —

(a)	in which of the capacities mentioned in section 73 of the Act the petitioner or each of the petitioners presents the petition;
(b)	the date and result of the election; and
(c)	the grounds on which relief is sought, setting out with sufficient particularity the facts relied on to sustain the prayer.

(2) The petition shall be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively.

(3) The petition shall be signed by all the petitioners and shall conclude with a prayer setting out particulars of the relief claimed, as, for instance, that some specified person should be declared duly returned or elected, or that the election should be declared void, as the case may be.

Evidence not to be stated in petition

5. Evidence need not be stated in the election petition, but the Judge may, upon a respondent’s application by summons, order such particulars as may be necessary to prevent surprise and unnecessary expense, and to ensure a fair and effectual trial upon such terms as to costs and otherwise as may be ordered.

Where more than one petition is presented in relation to same election

6. Where more election petitions than one are presented relating to the same election, all the petitions shall be dealt with as one petition, so far as the inquiry into the election is concerned.

List of votes objected to where seat claimed by unsuccessful candidate

7.—(1) Where the petition claims the office of President for an unsuccessful candidate on the ground that he had a majority of lawful votes, every petitioner and respondent shall, not less than 7 days before the day appointed for trial, file with the Registrar, and also at the addresses for service (if any) of the petitioners and respondents, as the case may be, a list of the votes intended to be objected to, and of the heads of objection to each such vote.

(2) The Registrar shall allow inspection of office copies of the lists to all parties concerned.

(3) No evidence shall be given against the admission or rejection of any vote or as to any head of objection not specified in the list referred to in paragraph (1), except by leave of the Judge, upon such terms as to amendments of the list, postponement of the inquiry, and payments of costs, as may be ordered.

List of objections in recriminatory case

8.—(1) Where an election petition complaining of an undue election and claiming the office of President for some other person is presented and the respondent intends to lead evidence to prove that the election of that person was undue, the respondent shall, not less than 7 days before the day appointed for trial, file with the Registrar, and also at the addresses for service (if any) of the petitioner, a list of his objections to the election of that person upon which he intends to rely.

(2) The Registrar shall allow inspection of office copies of the lists to all parties concerned.

(3) No evidence shall be given by a respondent of any objection to a person’s election which is not specified in the list referred to in paragraph (1), except by leave of the Judge, upon such terms as to amendments of the list, postponement of the inquiry, and payments of costs, as may be ordered.

Appointment of solicitor

9.—(1) The petitioner or petitioners shall, together with the election petition, leave at the office of the Registrar a written notice, signed by him or them, giving the name of an advocate and solicitor whom he or they authorise to act as his or their solicitor or stating that he or they act for himself or themselves, as the case may be, and in either case giving an address within Singapore at which other notices may be left (referred to in these Rules as the address for service).

(2) If no such written notice is left or address for service given, then all notices may be given by leaving them at the office of the Registrar.

(3) The person returned as President may, at any time after he is returned, send to or leave at the office of the Registrar a written notice, signed by him or on his behalf, appointing an advocate and solicitor to act as his solicitor in case there should be an election petition against him, or stating that he intends to act for himself, and in either case giving an address within Singapore at which other notices addressed to him may be left (referred to in these Rules as the address for service).

(4) If no such written notice is left or address for service given, all other notices and proceedings may, unless otherwise provided by these Rules, be given or served by leaving them at the office of the Registrar.

Notice of appointment of solicitor

10. An advocate and solicitor appointed to act for any petitioner or respondent shall, immediately upon his appointment as such, leave written notice of his appointment at the office of the Registrar.

Registrar to keep book with addresses and names of solicitors

11. The Registrar shall cause a book to be kept at his office in which shall be entered all addresses and the names of solicitors given under rule 9, which book shall be open to inspection by any person during his office hours.

Security by petitioner for cost, etc., of election petition

12.—(1) At the time of the presentation of the petition, or within 3 days afterwards, security for the payment of all costs, charges and expenses that may become payable by the petitioner shall be given on behalf of the petitioner.

(2) Subject to paragraph (3), the security required by this rule shall be an amount of not less than $10,000.

(3) If the number of charges in any election petition exceeds two, additional security to an amount of $5,000 shall be given in respect of each charge in excess of the first two; and in this paragraph, “charge” means an allegation of the commission of a corrupt practice, an illegal practice or an offence under the Act at the election.

(4) The security required by this rule shall be given by a deposit of money.

(5) If security as in this rule provided is not given by the petitioner, no further proceedings shall be had on the petition, and the respondent may apply by motion to the Judge for an order directing the dismissal of the petition and for the payment of the respondent’s costs.

(6) The costs of hearing and deciding the application under paragraph (5) shall be paid as ordered by the Judge, and in default of such order shall form part of the general costs of the petition.

Deposit of security

13.—(1) The deposit of money as security under rule 12 shall be lodged in Court.

(2) The Registrar shall keep a book open to the inspection of all parties concerned, in which shall be entered from time to time the amount of deposit and the election petition to which it is applicable.

Return of money so deposited

14.—(1) Money so deposited as security under rule 12 shall, if and when the deposit is no longer needed for securing payment of such costs, charges and expenses, be returned or otherwise disposed of as justice may require by order of the Judge.

(2) Such order may on application be made upon proof that all just claims have been satisfied or otherwise sufficiently provided for as the Judge may require.

(3) Such order may direct payment either to the party in whose name the money is deposited or to any person entitled to receive the money.

Service of notice of petition and copy of petition on respondent

15. Notice of the presentation of an election petition, accompanied by a copy of the election petition, shall, within 10 days of the presentation of the election petition, be served by the petitioner on the respondent —

(a)	by personal service;
(b)	by serving the notice and copy of the election petition on the solicitor appointed by the respondent under rule 9(3);
(c)	by posting the notice and copy of the election petition by registered post to the address for service given under rule 9(3) at such time that, in the ordinary course of post, the letter would be delivered within 10 days of the presentation of the petition; or
(d)	if no solicitor has been appointed under rule 9(3), by publishing in the Gazette or in at least one newspaper circulating in Singapore a notice stating that an election petition has been presented and that a copy of the petition may be obtained by the respondent on application at the office of the Registrar.

When petition to be deemed at issue

16. On the expiration of the time limited for presenting petitions, the petition shall be deemed to be at issue.

List of petitions

17.—(1) The Registrar shall make out the election petition list stating therein —

(a)	the names of the solicitors of the petitioners and respondents appointed under rule 9; and
(b)	the addresses for service of the petitioners and respondents.

(2) The election petition list may be inspected at the office of the Registrar at any time during office hours, and shall be affixed for that purpose upon a notice board appropriated to proceedings under the Act, and headed “The Presidential Elections Act (Chapter 240A)”.

Time and place of trial of election petition

18.—(1) The time and place of the trial of each election petition shall be fixed by the Judge.

(2) Within 14 days after an election petition is at issue, the petitioner shall apply by summons to the Judge for a time and place to be fixed for the trial of the petition and, if the petitioner fails to do so, any respondent may, within a further period of 14 days, apply in the same manner.

(3) If no application to fix a time and place for the trial of an election petition is made under paragraph (2), the Registrar shall refer the matter to the Judge who shall thereupon fix a time and place.

(4) The Registrar shall give to every petitioner and respondent to an election petition not less than 14 days’ notice of the time and place fixed for the trial of the petition —

(a)	by letter directed to the addresses for service of every petitioner and respondent; or
(b)	if no such addresses have been left, by notice published in the Gazette and in at least one newspaper circulating in Singapore.

Postponement of trial

19. The Judge may from time to time, by order made on the application of a party to the petition, postpone the beginning of the trial to such day as he may name; and the order, when made, shall forthwith be published by the Registrar in the Gazette and in at least one newspaper circulating in Singapore.

Adjournment and continuation of trial

20.—(1) No formal adjournment at the trial of an election petition shall be necessary, but the trial is to be deemed adjourned, and may be continued from day to day until the inquiry is concluded.

(2) In the event of the Judge who begins the trial being disabled by illness or otherwise, the Chief Justice may continue the hearing or may nominate another Judge to continue the hearing.

(3) Nothing herein shall prevent the Chief Justice or the Judge so nominated from recalling all or any of the witnesses or taking their evidence afresh.

Amendment of petition

21. Subject to section 77 of the Act, the Judge may, at any time before or at the hearing of the trial of an election petition, allow an applicant to amend his petition on such terms as to costs or otherwise as the Judge thinks fit.

Withdrawal of election petition

22.—(1) An election petition shall not be withdrawn without the leave of the Judge; and such leave may be given upon such terms as to the payment of costs or otherwise as the Judge thinks fit.

(2) An application for leave to withdraw an election petition shall be made by motion to the Judge.

(3) Where there are more petitioners than one, no application for leave to withdraw the election petition shall be made except with the consent of all the petitioners.

Form of application to withdraw petition

23.—(1) A notice of motion for leave to withdraw an election petition shall —

(a)	be in Form 3 in the Schedule;
(b)	be signed by the petitioner or petitioners or his or their solicitor or solicitors;
(c)	state the grounds on which the application to withdraw is made; and
(d)	subject to paragraph (4), be supported by affidavits, to be filed before the motion is heard, by all the parties to the petition and their solicitors and by the election agents of the parties who were candidates at the election.

(2) Each affidavit referred to in paragraph (1)(d) shall state —

(a)	that, to the best of the deponent’s knowledge and belief, no agreement or terms of any kind whatsoever has or have been made, and no undertaking has been entered into in relation to the withdrawal of the petition; or
(b)	where any lawful agreement has been made with respect to the withdrawal of the election petition, that agreement.

(3) Where the affidavit is by the applicant and his solicitor, shall state the grounds on which the application to withdraw is made.

(4) The Judge may on cause shown dispense with the affidavit of any particular person referred to in paragraph (1)(d) if it appears on special grounds to be just to do so.

(5) The application for leave to withdraw an election petition shall be filed at the office of the Registrar.

Copy of application to be given to respondent

24. The petitioner applying for leave to withdraw his election petition shall, not less than 7 days before the hearing of his application —

(a)	serve on the respondent notice of motion for leave to withdraw the petition and the affidavits in support thereof; and
(b)	publish at his own expense a notice in Form 4 in the Schedule in the Gazette or in at least one newspaper circulating in Singapore.

Application to be substituted as petitioner on withdrawal

25. Within 5 days after the publication of a notice of an application for leave to withdraw an election petition under rule 24, any person who might have been a petitioner, in respect of the election to which the petition relates, may give notice in writing, signed by him or on his behalf, to the Registrar, of his intention to apply at the hearing of the application to be substituted for the petitioner, but the want of that notice in writing shall not defeat his application to be substituted, if in fact made at the hearing.

Time and place of hearing of application

26. The time and place of hearing an application for leave to withdraw shall be fixed by the Judge but shall not be less than one week after the application for leave to withdraw has been filed at the office of the Registrar in accordance with these Rules, and notice of the time and place appointed for the hearing shall be given to such person (if any) who has given notice under rule 25 of an intention to apply to be substituted as petitioner, and otherwise in such manner and at such time as the Judge directs.

Substitution of another petitioner

27.—(1) On the hearing of the application for withdrawal of an election petition, any person who might have been a petitioner in respect of the election to which the petition relates may apply to the Judge to be substituted as a petitioner for the petitioner desirous of withdrawing the petition.

(2) The Judge may, if he thinks fit, substitute as a petitioner any such person applying to be so substituted (referred to hereinafter as the substituted petitioner); and may further, if the proposed withdrawal is, in the opinion of the Judge, induced by any corrupt bargain or consideration, by order direct that —

(a)	the security given on behalf of the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner; and
(b)	to the extent of the sum named in the security the original petitioner shall be liable to pay the costs of the substituted petitioner.

(3) If no such order is made with respect to the security given on behalf of the original petitioner, security to the same amount as would be required in the case of a new petition, and subject to the like conditions, shall be given by or on behalf of the substituted petitioner within 3 days after the order of substitution, and he shall proceed no further with the petition until the security is given.

(4) Subject to paragraphs (1) to (3), a substituted petitioner shall stand in the same position as nearly as may be, and be subject to the same liabilities as the original petitioner.

(5) If the election petition is withdrawn, the petitioner shall be liable to pay the costs of the respondent.

Non-abatement of petition by reason of vacation of office of President

28. An election petition shall not be abated by reason only of the vacation of office of President by the person whose election to such office is the subject of the petition, and in the event of such vacation of office, the petition shall be heard or continued to be heard and determined as though such office had not been vacated.

Abatement of petition by death

29.—(1) An election petition shall be abated by the death of a sole petitioner or the survivor of several petitioners.

(2) The abatement of a petition shall not affect the liability of the petitioner or of any other person to the payment of costs previously incurred.

Application to be substituted as petitioner on abatement

30.—(1) Where a petition is abated by the death of a sole or surviving petitioner, the solicitor acting for the deceased petitioner in the proceedings at the date of his death or, if the deceased petitioner had no such solicitor, any respondent learning of his death, shall —

(a)	give notice thereof in Form 5 in the Schedule to the Registrar;
(b)	where the notice is given by the solicitor of the deceased petitioner, serve a copy of such notice on the respondent; and
(c)	publish at his own expense the notice in the Gazette or in at least one newspaper circulating in Singapore.

(2) Within one month from the day of the publication of a notice of abatement of an election petition in the Gazette or a newspaper, or such further time as upon consideration of any special circumstances the Judge may allow, any person who might have been a petitioner in respect of the election to which the petition relates may apply by motion to the Judge to be substituted as a petitioner.

(3) The Judge may, if he thinks fit, substitute as a petitioner any such applicant who is desirous of being substituted and on whose behalf security to the same amount is given as is required in the case of a new petition.

On death, resignation, or notice not to oppose of respondent, petition to continue

31.—(1) If before the trial of an election petition a respondent dies or resigns, or gives notice in writing to the Election Court that he does not intend to oppose the petition, the petition shall not be abated but shall continue whether or not any person applies to be admitted as respondent as hereinafter provided.

(2) A respondent who does not intend to oppose the petition shall, not less than 7 days before the day appointed for trial (exclusive of the day of leaving the notice), leave written notice under his hand to that effect at the office of the Registrar.

(3) Notice of the fact that a respondent has died, or resigned, or that the respondent has given notice that he does not intend to oppose the petition, shall be published by the Registrar in the Gazette or in at least one newspaper circulating in Singapore.

(4) Within 10 days after the notice in paragraph (3) has been published in the Gazette or a newspaper, or such further time as the Judge may allow, any person who might have been a petitioner in respect of the election to which the petition relates may apply by motion to the Judge to be admitted as a respondent to oppose the petition.

Respondent not opposing petition not to appear as party

32. A respondent who has given notice under rule 31(2) of his intention not to oppose a petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon.

Countermanding notice of trial where petition abated, etc.

33. Where after notice of trial has been given but before the trial commences, the respondent dies or resigns, or the Registrar receives —

(a)	an application for leave to withdraw;
(b)	a notice of the respondent’s intention not to oppose; or
(c)	a notice of the abatement of the petition by death,

the Registrar shall forthwith countermand the notice of trial in the same manner, as near as may be, as a notice of trial may be given in rule 18.

Application to dismiss petition

34.—(1) An application by a respondent to stay or dismiss an election petition before the day fixed for the trial shall be made by motion to the Judge.

(2) The respondent shall, not less than 7 days before the date of hearing his application, serve notice of motion, stating the grounds thereof, on the petitioner and any other respondent, and shall file a copy thereof at the office of the Registrar.

(3) The Judge may, at any stage of the proceedings, order to be struck out or amended any election petition or anything therein on the ground that —

(a)	it is scandalous, frivolous or vexatious;
(b)	it may prejudice, embarrass or delay the fair trial of the petition; or
(c)	it is otherwise an abuse of the process of Court,

and may order the petition to be stayed or dismissed, as the case may be.

Costs

35.—(1) All costs of and incidental to the presentation of a petition and to the proceedings consequent thereon shall be defrayed by the parties to the petition in such manner and in such proportions as the Judge may determine, regard being had to —

(a)	the disallowance of any costs which may, in the opinion of the Judge, have been caused by vexatious conduct, unfounded allegations, or unfounded objections, on the part either of the petitioner or the respondent; and
(b)	the discouragement of any needless expense by throwing the burden of defraying the costs of and incidental to the petition on the parties by whom it has been caused, whether the parties are or are not on the whole successful.

(2) No costs shall be allowed for drawing or copying any petition not substantially in compliance with these Rules unless otherwise ordered by the Judge.

Taxation and recovery of costs

36.—(1) Costs shall be taxed by the Registrar upon the order by which the costs are payable in the same manner as costs are taxed in the High Court, but subject to such express directions, either general or specific, as the Judge may give; and costs when taxed may be recovered in the same manner as the costs of an action at law.

(2) The Judge may direct that the whole or any part of any moneys deposited by way of security under these Rules may be applied in the payment of taxed costs.

(3) Order 91 of the Rules of Court (R 5) shall apply to an election petition and proceedings under these Rules relating thereto as if the petition were an originating petition.

Service of notices on solicitors

37. Service of notices and proceedings upon the solicitors shall be sufficient for all purposes.

Application of Rules of Court

38. Subject to the provisions of these Rules and the Act, the Rules of Court shall apply with the necessary modifications to the practice and procedure in any proceedings under the Act to which these Rules relate.

[G.N. No. S 119/93]

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