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Withdrawal of petition.
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49.—(1) A referendum petition shall not be withdrawn without the leave of the court and in giving such leave the court shall be satisfied that the notice given by the petitioner pursuant to subsections (3) and (4) was reasonable and, in addition to the foregoing, where a referendum petition is presented by more than one petitioner the court, before giving such leave, shall be satisfied that all the petitioners agree to the withdrawal.
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(2) Except in the case of a referendum petition presented by the Director of Public Prosecutions, when applying for leave for the withdrawal of a referendum petition, the petitioner shall submit to the court an affidavit stating—
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(a) the reasons for the proposed withdrawal, and
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(b) that, to the best of the petitioner's knowledge and belief, neither an agreement nor an undertaking has been made or entered into in relation to the withdawal of the petition in consideration of any payment or for any substantial reason not stated in the affidavit.
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(3) Notice of intention to apply for leave to withdraw a referendum petition shall be given by the petitioner by the publication in at least two daily newspapers circulating throughout the State of a notice to that effect and the notice shall also state the time and place at which the application will be made and that any presidential elector may apply to the court to be substituted for the petitioner.
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(4) Except in the case of a referendum petition presented by the Director of Public Prosecutions, a copy of the affidavit mentioned in subsection (2) together with notice of the time and place at which the application will be made shall be given by the petitioner to the Director of Public Prosecutions who may be represented at and, if the Director thinks fit, oppose the application.
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(5) Where the referendum petition has been presented by more than one petitioner, the affidavit mentioned in subsection (2) shall, unless the court otherwise directs, be made by all the petitioners.
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(6) The withdrawal of a petition pursuant to this section shall not affect the liability of any person (or of that person's estate) for the payment of costs previously incurred.
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