Applications to void an election may be made under section 71 of the Presidential Elections Act 1991. Such applications are to be heard by an Election Judge, who may be the Chief Justice or a Judge of the Supreme Court as nominated by the Chief Justice.
The election of a candidate as President will be declared void if the Election Judge is satisfied that:
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by reason of general bribery, general treating, or general intimidation, or other misconduct, or other circumstances, whether similar to those before enumerated or not, the majority of electors were or may have been prevented from electing the candidate whom they preferred;
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there is non-compliance with the provisions of the Presidential Elections Act 1991 relating to elections, if it appears that the election was not conducted in accordance with the principles laid down in those provisions and that the non-compliance affected the results of the election;
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a Corrupt Practice or Illegal Practice was committed in connection with the election by the candidate or with his knowledge or consent or by any of his agent;
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the candidate personally engaged a person as his election agent, or as a canvasser or agent, knowing that the person had, within seven years prior to the engagement, been convicted or found guilty of a Corrupt Practice under the Presidential Elections Act 1991 or the Parliamentary Elections Act 1954;
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the candidate was at the time of his election a person disqualified for election as President;
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the candidate intentionally or knowingly made a materially false or misleading statement of fact, or intentionally or knowingly failed to state a material fact, to the Presidential Elections Committee (PEC) for the purpose of demonstrating his eligibility to be elected as President.
The application to void an election may be made by:
An application to void an election must be made within the relevant period stipulated in sections 77(1), (2) and (3) of the Presidential Elections Act 1991 depending on the ground of the application.
The Election Judge may, on hearing the application, decide that:
- the election is void;
- the return of a person elected was undue;
- a candidate was duly elected and ought to have been returned; or
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a scrutiny be held if the seat is claimed for an unsuccessful candidate on the ground that he had a majority of lawful votes.
However, the Election Judge may not question the decisions made by the Returning Officer and Assistant Returning Officers in the adjudication of votes.
When the hearing for the application has concluded, the Election Judge will determine the outcome of the application and inform the Prime Minister of his determination. If the case so requires, the Prime Minister will order the holding of an election within six months of the determination.