ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 85 Evidence required for withdrawal of petition.

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ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 85

Evidence required for withdrawal of petition.

85.(1) Before leave is granted for the withdrawal of an election petition,
there shall be produced affidavits by all the parties to the petition and
their solicitors and by the election agents of all the said parties who were
candidates at the election, but the High Court may on cause shown dispense
with the affidavit of any particular person if it seems to the court on
special grounds to be just so to do.

(2) Each affidavit shall state 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; but if any lawful agreement has been made with respect to the
withdrawal of the petition, the affidavit shall set forth that agreement and
shall make the foregoing statement subject to what appears from the affidavit.

(3) The affidavits of the applicant and his solicitor shall further state the
ground on which the petition is sought to be withdrawn.

(4) Copies of the said affidavits shall be delivered to the Chief Crown
Solicitor a reasonable time before the application for the withdrawal is
heard, and the court may hear the Chief Crown Solicitor in opposition to the
allowance of the withdrawal of the petition, and shall have power to receive
the evidence on oath of any person or persons whose evidence the Chief Crown
Solicitor may consider material.

(5) Where more than one solicitor is concerned for the petitioner or
respondent, whether as agent for another solicitor or otherwise, the affidavit
shall be made by all such solicitors.

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Northern Irish Legislation

ELECTORAL LAW ACT (NORTHERN IRELAND) 1962 - SECT 85