Schedule 4

An application under section 90 must be made by originating summons supported by an affidavit.(2) In such an application —

the applicant is the plaintiff; and

the person in respect of whose election the application is made is the defendant.(3) The application must be made by filing it at the office of the Registrar, and the Registrar or the officer of his or her department with whom the application is filed must, if required, give a receipt in the following form: “Received on the ............ day of ..................................... at the Registry of the Supreme Court, an application touching the election of …………….., Member for ................................ purporting to be made by ………………. (insert the name of plaintiff). ………………..……………….……, Registrar (or as the case may be).”.Contents and form of supporting affidavit for application under section 905.—

The affidavit supporting an application under section 90 must be deposed to by the plaintiff or, where there is more than one plaintiff, by each such plaintiff, and must state —

the right of the plaintiff or plaintiffs to apply within section 93; and

the holding and result of the election, and the facts and grounds relied on to sustain the relief sought.(2) The affidavit must be divided into paragraphs, each of which, as nearly as may be, must be confined to a distinct portion of the subject, and every paragraph must be numbered consecutively, and no costs are allowed for drawing or copying any affidavit not substantially in compliance with this rule, unless otherwise ordered by the Court or a Judge.(3) The affidavit must conclude with a statement of the relief sought by the plaintiff or plaintiffs as, for instance, that some specified person should be declared duly returned or elected, or that the election should be declared void, as the case may be.(4) The following form, or one to the like effect, is sufficient:“AFFIDAVIT I ................................ of ……………………….., Singapore (make oath) (affirm) and say as follows: 1. I am a person who (voted) (had a right to vote) (claims to have had a right to be returned) (was a candidate) at the election held on the ............. day of ......................., 20 ......, when ............................................ was a candidate. 2. On the ............ day of ........................, 20......, the Returning Officer returned ........................ as being duly elected. 3. (Here state the facts and grounds relied on in support of the application). 4. I am therefore seeking a declaration (that the said ………………… was not duly elected or returned, and that the election was void) (that the said ................................. was duly elected and ought to have been returned, as the case may be).*Sworn/*Affirmed at Singaporethis ............ day of ........................ 20......Before me,..................................................... A Commissioner for Oaths.”.Evidence not to be stated in originating summons

When a plaintiff claims the seat for an unsuccessful candidate, alleging that he or she had a majority of lawful votes, every plaintiff and defendant must, not less than 7 days before the day appointed for the hearing, file with the Registrar, and also at the address for service (if any) of the plaintiffs and defendants (as the case may be) a list of the votes intended to be objected to, and of the heads of objection to each such vote.(2) The Registrar must allow inspection of office copies of the lists to all parties concerned.(3) No evidence is to be given against the validity of any vote, nor upon any head of objection not specified in the list, except by leave of the Judge, upon such terms as to amendment of the list, postponement of the inquiry, and payment of costs, as may be ordered.List of objections in recriminatory case9.—

The defendant in an application under section 90 complaining of an undue return and claiming the seat for some person may lead evidence to prove that the election of the person was undue, and in that case the defendant must, not less than 7 days before the day appointed for the hearing, file with the Registrar, and also at the address for service (if any) of the plaintiff, a list of the objections to the election upon which he or she intends to rely.(2) The Registrar must allow inspection of office copies of the lists to all parties concerned.(3) No evidence is to be given by a defendant of any objection to the election not specified in the list, except by leave of the Judge, upon such terms as to amendments of the list, postponement of the inquiry, and payments of costs, as may be ordered.Appointment of solicitor by plaintiff10.—

The plaintiff or plaintiffs in an application under section 90 must file at the office of the Registrar together with the application a written notice, signed by the plaintiff or plaintiffs, giving the name of an advocate and solicitor of the Supreme Court whom the plaintiff or plaintiffs authorise to act as his, her or their solicitor or stating that the plaintiff or plaintiffs act for himself, herself or themselves (as the case may be) and in either case giving an address within Singapore at which notices may be left (called in these Rules the address for service).(2) If no such written notice is filed or address for service given, then all notices may be given by leaving them at the office of the Registrar.(3) Every such written notice must be stamped with the duty payable on it under the law for the time being in force.Appointment of solicitor by defendant11.—

Any person returned as a Member may, at any time, after he or she is returned, file at the office of the Registrar a written notice, signed by him or her on his or her behalf, appointing an advocate and solicitor of the Supreme Court to act as his or her solicitor in case there should be an application under section 90 against him or her, or stating that he or she intends to act for himself or herself, and in either case giving an address within Singapore at which notices addressed to him or her may be left (called in these Rules the address for service).(2) If no such written notice is filed or address for service given, all notices and proceedings may be given or served by leaving them at the office of the Registrar.(3) Every such written notice must be stamped with the duty payable on it under the law for the time being in force.Registrar to keep book with addresses and names of solicitors

At the time of the filing of the application under section 90, or within 3 days afterwards, security for the payment of all costs, charges and expenses that may become payable by the plaintiff must be given on behalf of the plaintiff.(2) The security must be to an amount of not less than $5,000. If the number of charges in any application exceeds 3, additional security to an amount of $2,500 must be given in respect of each charge in excess of the first 3.(2A) In paragraph (2), “charge” means an allegation of the commission of a corrupt practice, an illegal practice or an offence under the Act at an election.(3) The security required by this rule must be given by a deposit of money.(4) If security required by this rule to be provided is not given by the plaintiff, no further proceedings are to be had on the application under section 90, and the defendant may apply by summons to the Judge for an order directing the dismissal of the application under section 90 and for the payment of the defendant’s costs.(5) The costs of hearing and deciding the defendant’s application under paragraph (4) must be paid as ordered by the Judge, and in default of such order forms part of the general costs of the application under section 90.Security by deposit of money14.—

The deposit of money as security under rule 13 must be lodged in Court.(2) [Deleted by S 444/2020](3) The Registrar must keep a book open to the inspection of all parties concerned, in which the amount and the application under section 90 to which it is applicable must be entered.Return of money so deposited15.—

Money so deposited must, if and when the deposit is no longer needed for securing payment of such costs, charges and expenses, be returned or otherwise disposed of as justice may require by order of the Judge.(2) Such order may on application be made upon proof that all just claims have been satisfied or otherwise sufficiently provided for as the Judge may require.(3) Such order may direct payment either to the party in whose name the money is deposited or to any person entitled to receive the money.Service of notice and copy of application under section 90 on defendant16.—

Notice of the filing of an application under section 90, accompanied by a copy of that application and its supporting affidavit, must, within 10 days of the filing of the application, be served by the plaintiff on the defendant.(2) Such service may be effected —

by delivering the notice and a copy each of the application and its supporting affidavit to the defendant personally, or to the solicitor appointed by the defendant under rule 11;

by posting the notice and a copy of the application and its supporting affidavit in a registered letter to the address for service given under rule 11 at such time that, in the ordinary course of post, the letter would be delivered within the time mentioned in paragraph (1); or

if no solicitor has been appointed, nor any address for service given, by a notice in the Gazette or in at least one local newspaper circulating in Singapore stating that an application under section 90 has been filed and that a copy each of that application and its supporting affidavit may be obtained by the defendant on application at the office of the Registrar.When application under section 90 to be deemed at issue

The Registrar must make out a list of applications under section 90.(2) The Registrar must insert in the list —

the names of the solicitors of the plaintiffs and defendants appointed under rules 10 and 11, respectively; and

the addresses for service of the plaintiffs and defendants.(3) The list may be inspected at the office of the Registrar at any time during office hours, and must be affixed for that purpose upon a notice board appropriated to proceedings under the Act, and headed “Parliamentary Elections Act 1954”.Time and place of hearing of application under section 9019. The time and place of the hearing of each application under section 90 is to be fixed by the Judge, and not less than 14 days’ notice thereof must be given to the plaintiff and defendant by letter directed to the addresses of service of the plaintiff or defendant or, if no such addresses have been given, by notice in the Gazette and in at least one local newspaper circulating in Singapore.Postponement of hearing

No formal adjournment of the Court for the hearing of an application under section 90 is necessary, but the hearing is to be deemed adjourned, and may be continued from day to day until the inquiry is concluded.(2) In the event of the Judge who begins the hearing being disabled by illness or otherwise, the Chief Justice or another Judge nominated under section 92(1) may continue the hearing.(3) This rule does not prevent the Judge who continues the hearing under paragraph (2) from recalling all or any of the witnesses or taking their evidence afresh.Amendment of application under section 9021A. Subject to section 97, the Judge may, at any time before or at the hearing of an application under section 90, allow the plaintiff to amend his or her application on such terms as to costs or otherwise as the Judge thinks fit.Withdrawal of application under section 9022.—

An application under section 90 must not be withdrawn without the leave of the Judge; and such leave may be given upon such terms as to the payment of costs and otherwise as the Judge may think fit.(2) An application for withdrawal must be made by summons supported by an affidavit.(3) Where there are more plaintiffs than one, no application for withdrawal may be made except with the consent of all the plaintiffs.Affidavits supporting application for withdrawal23.—

An application for withdrawal must be supported by affidavits filed by all the parties to that application and their solicitors, and by the election agents of all the parties who were candidates at the election, except that the Judge may on cause shown dispense with the affidavit of any particular person if it appears to the Judge on special grounds to be just to do so.(2) Each affidavit must state the grounds on which that application for withdrawal is made and —

that, to the best of the deponent’s knowledge and belief, no agreement or terms of any kind whatsoever has or have been made, and no undertaking has been entered into in relation to the withdrawal of the application under section 90; or

if any lawful agreement has been made with respect to the withdrawal of the application under section 90, that agreement.Copy of application for withdrawal to be given to defendant

The time and place of hearing the application for withdrawal is to be fixed by the Judge but must not be less than one week after the application for withdrawal has been filed at the office of the Registrar as in these Rules provided.(2) Notice of the time and place appointed for the hearing must be given to the person (if any) who gave notice to the Registrar of an intention to apply to be substituted as plaintiff in the application under section 90, and otherwise in such manner and at such time as the Judge directs.Substitution of another plaintiff27.—

On the hearing of the application for withdrawal, any person who might have been a plaintiff in respect of the election to which the application under section 90 relates, may apply to the Judge to be substituted as a plaintiff for the original plaintiff so desirous of withdrawing the application under section 90.(2) The Judge may substitute for the original plaintiff any such person applying under paragraph (1) to be so substituted (called the substituted plaintiff); and may further, if the proposed withdrawal is in the opinion of the Judge induced by any corrupt bargain or consideration, by order direct that —

the security given on behalf of the original plaintiff remains as security for any costs that may be incurred by the substituted plaintiff; and

to the extent of the sum named in the security the original plaintiff is liable to pay the costs of the substituted plaintiff.(3) If no such order is made with respect to the security given on behalf of the original plaintiff, security to the same amount as would be required in the case of a new application under section 90, and subject to the like conditions, must be given by or on behalf of the substituted plaintiff within 3 days after the order of substitution, and he or she must not proceed further with the application under section 90 until the security is given.(4) Subject to paragraphs (1), (2) and (3), a substituted plaintiff stands in the same position as nearly as may be, and is subject to the same liabilities as the original plaintiff.(5) If an application under section 90 is withdrawn, the plaintiff is liable to pay the costs of the defendant.Abatement of application under section 90 by death28.—

An application under section 90 is abated by the death of a sole plaintiff or of the survivor of several plaintiffs.(2) The abatement of an application under section 90 does not affect the liability of the plaintiff or of any other person to the payment of costs previously incurred.Application to be substituted as plaintiff, on abatement29.—

Notice of abatement of an application under section 90, by death of the plaintiff or surviving plaintiff, must be given by the party or person interested in the same manner as notice of an application for withdrawal, and the time within which application may be made to a Judge to be substituted as a plaintiff in the application under section 90 is one calendar month, from the day of the publication of the notice of abatement or such further time as upon consideration of any special circumstances the Judge may allow.(2) Any person who might have been a plaintiff in respect of the election to which the application under section 90 relates may apply to the Judge to be substituted as a plaintiff in the application.(3) The Judge may substitute as a plaintiff in the application under section 90 any such applicant who is desirous of being substituted and on whose behalf security to the same amount is given as is required in the case of a new application under section 90.On death, resignation, or notice not to oppose of defendant, application under section 90 to continue30.—

If before the hearing of an application under section 90 a defendant dies or resigns, or files a written notice with the Court that he or she does not intend to oppose the application, the application is not abated but continues whether or not any person applies to be admitted as defendant as hereinafter provided.(2) A defendant who does not intend to oppose the application under section 90 must, not less than 7 days before the day appointed for hearing (exclusive of the day of filing the notice), file a written notice under the hand of the defendant to that effect at the office of the Registrar.(3) Notice of the fact that a defendant has died, or resigned, or that he or she has filed a written notice that he or she does not intend to oppose the application under section 90, must be published by the Registrar in the Gazette or in at least one local newspaper circulating in Singapore.(4) Any person who might have been a plaintiff in respect of the election to which the application under section 90 relates may apply to the Judge to be admitted as a defendant to oppose the application under section 90 within 10 days after the notice has been published in the Gazette or a local newspaper or such further time as the Judge may allow.Defendant not opposing application under section 90 not to appear as party

Upon receiving the plaintiff’s application for withdrawal, or notice of the defendant’s intention not to oppose, or of the abatement of the application under section 90 by death, or of the happening of any of the events mentioned in rule 30, if the application for withdrawal or the notice is received after notice of the hearing has been given, and before the hearing has commenced, the Registrar must immediately countermand the notice of the hearing.(2) The countermand must be given in the same manner, as near as may be, as the notice of the hearing.Dismissal, etc., of application under section 9032A.—

An application by the defendant to stay or dismiss an application under section 90 before the day fixed for the hearing must be made by summons to the Judge.(2) The defendant must, not less than 7 days before the date of hearing of the defendant’s application under paragraph (1), serve a copy of the application and its supporting affidavit on every plaintiff, and must file a copy of the served documents at the office of the Registrar.(3) The Judge may, at any stage of the proceedings, order an application under section 90 —

to be stayed or dismissed; or

to be struck out or amended on the ground that —

it is scandalous, frivolous or vexatious;

it may prejudice, embarrass or delay the fair hearing of the application; or

it is otherwise an abuse of the process of the Court.Costs

the disallowance of any costs which may, in the opinion of the Judge, have been caused by vexatious conduct, unfounded allegations, or unfounded objections, on the part either of the plaintiff or the defendant; and

the discouragement of any needless expense by throwing the burden of defraying the costs of and incidental to the application under section 90 on the parties by whom it has been caused, whether the parties are or are not on the whole successful.Taxation and recovery of costs34.—

Costs are to be taxed by the Registrar upon the order by which the costs are payable in the same manner as costs are taxed in the General Division of the High Court, but subject to such express directions, either general or specific, as the Judge may give; and costs when taxed may be recovered in the same manner as the costs of an action at law.(2) The Judge may direct that the whole or any part of any moneys deposited by way of security under rules 13 and 14 may be applied in the payment of taxed costs.(3) Order 91 of the Rules of Court applies to an application under section 90 and the proceedings on the application under these Rules as if the application were an originating process.Notice of appointment of solicitor