Referendum Act, 1994
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Counting of votes afresh. |
47.—(1) The court may, for the purposes of the trial of a referendum petition, if it thinks fit, order— | |
(a) that all the votes cast at the referendum in a constituency shall be counted afresh, or | ||
(b) that all the votes so cast and recorded on the ballot papers contained in a particular parcel shall be so counted, | ||
and where the court so orders, the provisions of this section shall have effect. | ||
(2) Votes to which an order under this section relates shall be counted afresh under the direction of the court and, subject to subsections (3) and (4) and to such modifications (if any) as the court considers necessary, the provisions of this Act relating to the counting of votes at a referendum shall apply to such counting. | ||
(3) Where votes are counted afresh pursuant to an order under this section, the court shall cause the following to be disregarded: | ||
(a) votes recorded on ballot papers which are invalid by virtue of section 34 , and | ||
(b) votes recorded on forged or counterfeited ballot papers. | ||
(4) The court shall have power to reverse any decision of the local returning officer at the original count. | ||
(5) The costs of giving effect to an order under this section shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 16 shall, with respect to the services and expenses properly rendered or incurred by the local returning officer concerned for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the local returning officer for, or in connection with, the referendum. |