Dismissal of application under section 71
34.—(1)  An application by the defendant to stay or dismiss an application under section 71 before the day fixed for the hearing shall be made by summons to the Judge.
[S 279/2017 wef 01/06/2017]
(2)  The defendant shall, not less than 7 days before the date of hearing of his application under paragraph (1), serve a copy of the application and its supporting affidavit on every plaintiff, and shall file a copy thereof at the office of the Registrar.
[S 279/2017 wef 01/06/2017]
(3)  The Judge may, at any stage of the proceedings, order an application under section 71 to be struck out or amended on the ground that —
(a)it is scandalous, frivolous or vexatious;
(b)it may prejudice, embarrass or delay the fair hearing of the application; or
(c)it is otherwise an abuse of the process of Court,
and may order the application to be stayed or dismissed, as the case may be.
(4)  Despite paragraph (3), an application made by the Presidential Elections Committee under section 71(f) of the Act —
(a)must be determined on its merits, unless the Committee withdraws the application; and
(b)must not be amended, struck out, stayed or dismissed on the grounds in paragraph (3).
[S 279/2017 wef 01/06/2017]