PART IIILegal Proceedings

Questioning of a local election

133Repayments under ss. 131 and 132

1

The election court constituted under section 130 above may in its discretion order that—

a

the expenses referred to in section 131 above, incurred by the proper officer of the authority for receiving the court, or

b

the remuneration and allowances referred to in section 132 above,

shall be repaid, wholly or in part, to the proper officer of the authority or to the Treasury, as the case may be—

i

when, in the opinion of the election court, the petition is frivolous and vexatious, by the petitioner ;

ii

when, in the opinion of the election court, the respondent has been personally guilty of corrupt practices at the election, by that respondent.

2

The order so made for the repayment of any sum by a petitioner or respondent may be enforced as an order for payment of costs, but a deposit made or a security given under this Part of this Act shall not be applied for any such repayment until all costs and expenses payable by the petitioner or respondent to any party to the petition have been satisfied.