Referendum Act, 1942

Re-taking a referendum in a constituency.

40.—(1) At the trial of a referendum petition which questions the validity of a provisional referendum certificate in respect of the voting in a particular constituency, it shall be lawful for the High Court to order that the referendum shall be taken again in that constituency, and when the High Court so orders the following provisions shall have effect, that is to say:—

(a) the court shall, in the said order, appoint the day which shall be the polling day for the purpose of such retaking of the referendum;

(b) the referendum shall be retaken in the said constituency and the provisions of this Act in relation to the taking of a referendum (including the provisions relating to payment of the referendum returning officer for his services and expenses and to the charges and expenses of local returning officers) shall apply to such retaking, with the substitution of the polling day appointed by the said order of the court for a polling day appointed by the Minister;

(c) when the referendum returning officer has received the report of the local returning officer of the result of the counting of the votes at such retaking, he shall forth-with report such result to the High Court.

(2) The High Court shall not order a referendum to be taken again in any constituency merely on account of a non-compliance with the Rules contained in the First Schedule to this Act or a mistake in the use of forms prescribed by or under this Act where it appears to the court that such referendum was conducted in that constituency in accordance with the general principles laid down in the Act and that such non-compliance or mistake did not affect the result of the referendum in the said constituency.