26. Failure of election

(1)

Whenever an election in any electoral division wholly fails, a fresh writ may be issued by the President at any time for the holding of an election in that electoral division, except that where the election in an electoral division has failed because of the death of a candidate after the election has been reported as contested but before polling day, then section 34(8) and (9) or 34A(8) and (8A) (as the case may be) applies.

(2)

The original writ for an election in any electoral division that has wholly failed and everything done in connection with the election for the electoral division because of that writ have no effect.

(3)

Where a fresh writ is issued under subsection (1), sections 24 and 25 apply to that writ.

(4)

For the purposes of this Act, an election has wholly failed if —

(a)

in the case of an election in a group representation constituency — no group of candidates is nominated or returned as elected for that constituency; or

(b)

in the case of any other electoral division — no candidate is nominated or returned as elected for that electoral division.