Referendum Act, 1942

The final order on a referendum petition.

41.—(1) Where only one referendum petition is duly presented in respect of a provisional referendum certificate, the final order of the court on the trial of such referendum petition shall either—

(a) confirm without alteration the said provisional referendum certificate which was the subject of the petition, or

(b) direct that the said certificate shall be amended in accordance with the findings of the court (including the result of any retaking of the referendum) and confirm the said certificate as so amended.

(2) Where two or more referendum petitions are duly presented in respect of the same provisional referendum certificate, then and in such case, whether such petitions are tried separately or are tried together or are consolidated, one consolidated final order shall be made by the court on such petitions at the conclusion of the trials or trial thereof and such consolidated final order shall either—

(a) confirm without alteration the said provisional referendum certificate which was the subject of the said petitions, or

(b) direct that the said certificate shall be amended in accordance with the several findings of the court in regard to the said petitions respectively (including the result of any retaking of the referendum) and confirm the said certificate as so amended.

(3) Where the court confirms a provisional referendum certificate without alteration, the court shall cause a statement of the fact of such confirmation to be endorsed on such certificate by a registrar of the High Court and shall cause such certificate so endorsed to be returned forthwith to the referendum returning officer.

(4) Where the court directs a provisional referendum certificate to be amended and confirms such certificate as so amended, the court shall cause such certificate to be amended in accordance with such direction, and shall further cause a statement of the fact that such amendment was made by order of the court and of the fact that such certificate as so amended was confirmed by the court to be endorsed on such certificate by a registrar of the High Court, and shall cause such certificate so amended and endorsed to be returned forthwith to the referendum returning officer.

(5) A provisional referendum certificate duly endorsed in accordance with this section shall, when it is received by the referendum returning officer from the High Court, forthwith become and be, in the form in which it was confirmed by the court, final and incapable of being further questioned in any court and shall, in that form, be conclusive evidence of the voting at the referendum to which it relates and of the result of such referendum.