Local Elections (Petitions and Disqualifications) Act, 1974

Costs of petition.

21.—(1) All costs, other than the costs of counting votes afresh under section 8 of this Act, of and incidental to a petition shall be in the discretion of the court which shall have power to order such costs or any part of such costs of any party to the petition to be paid by any other such party, and, where the costs or any part of the costs of any such party are so ordered to be paid by the petitioner, the court shall, where necessary, make provisions for the payment of those costs, to the extent of the amount named in the security given by the petitioner, out of or by means of such security.

(2) Without prejudice to subsection (1) of this section, where on the trial of a petition, it appears to the court that any person or persons committed electoral offences in relation to the relevant election, the court may, after giving the person or persons an opportunity of being heard to show cause why the order should not be made, if it so thinks fit order the whole or part of the costs of the petition other than the costs of counting votes afresh under section 8 of this Act to be paid by that person, or those persons or any of them, and may order that in case such costs cannot be wholly recovered from the person or persons they shall be paid by some other or others of those persons.