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Withdrawal of petition.
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9.—(1) A petition shall not be withdrawn without the leave of the court and in giving such leave the court shall be satisfied that the notice given by the petitioner pursuant to subsections (3) and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) of this section was reasonable, and in addition to the foregoing, where a 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 petition presented by the Attorney General, when applying for leave for the withdrawal of the 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 withdrawal of the petition in consideration of any payment or the cesser of membership of a local authority 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 petition shall be given by the petitioner by the publication in at least two newspapers circulating in the local electoral area to which the petition relates of a notice to that effect and the notice shall also state the time and place at which the application will be heard and that any person may apply to the court to be substituted for the petitioner.
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(4) Except in the case of a petition presented by the Attorney General, a copy of the affidavit mentioned in subsection (2) of this section together with notice of the time and place at which the application will be heard shall be given by the petitioner to the Attorney General who may be represented at, and if he thinks fit, oppose the application.
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(5) Where the petition has been presented by more than one petitioner, the affidavit mentioned in subsection (2) of this section 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 his estate) for the payment of costs previously incurred.
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