Referendum Act, 1942

Provisions in respect of referenda having the same polling day.

42.—Where the same day is the polling day in respect of two or more referenda and either a referendum petition or two or more referendum petitions questioning the provisional referendum certificate relating to one only of such referenda is or are duly presented or referendum petitions respectively questioning some but not all of the provisional referendum certificates respectively relating to such referenda are duly presented, the following provisions shall have effect notwithstanding anything inconsistent therewith contained in this Act, that is to say:—

(a) a provisional referendum certificate relating to any of such referenda shall not become final by reason of no referendum petition questioning such certificate having been duly presented;

(b) it shall be lawful for the Attorney-General, with the leave of the High Court, to present at any time a referendum petition questioning any provisional referendum certificate which relates to any of the said referenda and has not been confirmed by the High Court and is not the subject of a referendum petition duly presented;

(c) all the referendum petitions (duly presented) questioning any of the provisional referendum certificates relating to any of the said referenda shall, so far as practicable, be heard and determined by the same three judges, and all or any two or more of the said petitions may, at the discretion of the court, be tried together or be consolidated;

(d) the final orders of the court on all the trials of the said referendum petitions shall be made on the same day;

(e) when the said final orders have been made, every provisional referendum certificate relating to any of the said referenda in respect of which no referendum petition was duly presented shall be deemed to have been confirmed by the court, and the court shall cause to be endorsed on every such certificate by a registrar of the High Court a statement that such certificate is deemed to have been confirmed by the High Court, and the court shall cause such certificate so endorsed to be returned forthwith to the referendum returning officer;

(f) the referendum returning officer shall deliver to the High Court for endorsement under the next preceding paragraph of this sub-section every provisional referendum certificate which is deemed under that paragraph to have been confirmed by the court, and every such certificate when so endorsed and received by the referendum returning officer from the High Court shall forthwith become and be final and incapable of being questioned in any court and shall be conclusive evidence of the voting at the referendum to which it relates and of the result of such referendum.