ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 77 Conclusion of trial of parliamentary election petition.

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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 77

Conclusion of trial of parliamentary election petition.

77.(1) At the conclusion of the trial of a parliamentary election petition,
the election court shall determine whether the member whose election or return
is complained of, or any and what other person, was duly returned or elected
or whether the election was void, and shall forthwith certify in writing the
determination to the Speaker, and the determination so certified shall be
final to all intents and purposes:

Provided that

(a)if the judges constituting the election court differ as to whether the
member whose election or return is complained of was duly elected or returned,
they shall certify that difference and the member shall be deemed to be duly
elected or returned; and

(b)if they determine that the member was not duly elected or returned but
differ as to the rest of the determination, they shall certify that difference
and the election shall be deemed to be void.

(2) Where any charge is made in the petition of any corrupt or illegal
practice having been committed at the election the court shall, in addition to
giving a certificate, and at the same time, make a report in writing to the
Speaker as required by sections ninety-four and ninety-six and also stating
whether corrupt or illegal practices have, or whether there is reason to
believe that corrupt or illegal practices have, extensively prevailed at the
election.

(3) The election court may at the same time make a special report to the
Speaker as to any matters arising in the course of the trial an account of
which ought, in the judgment of the court, to be submitted to the House of
Commons.

(4) Every report sent to the Speaker under this section shall be signed by
both judges of the election court and if the judges differ as to the subject
of the report, they shall certify that difference and make no report on the
subject on which they so differ.

(5) The House of Commons, on being informed by the Speaker of a certificate
and any report of an election court, shall order the certificate and report,
if any, to be entered in their Journals and shall give the necessary direction
for confirming or altering the return, or for issuing a writ for a new
election, or for carrying the determination into execution as the
circumstances may require; and where the court make a special report, the
House of Commons may make such order in respect of that report as they think
proper.

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Northern Irish Legislation

ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 77