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Substitution of another claimant

Supreme Court (Presidential Elections) (Application for Avoidance of Election) Rules

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—(1) On the hearing of the application for withdrawal of an application under section 71, any person who might have been a claimant in respect of the election to which the application under section 71 relates may apply to the Judge to be substituted as a claimant for the original claimant desirous of withdrawing the application under section 71.(2) The Judge may, if he thinks fit, substitute for the original claimant any such person applying under paragraph (1) to be so substituted (referred to hereinafter as the substituted claimant); 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 —(a)the security given on behalf of the original claimant shall remain as security for any costs that may be incurred by the substituted claimant; and(b)to the extent of the sum named in the security the original claimant shall be liable to pay the costs of the substituted claimant.(3) If no such order is made with respect to the security given on behalf of the original claimant, security to the same amount as would be required in the case of a new application under section 71, and subject to the like conditions, shall be given by or on behalf of the substituted claimant within 3 days after the order of substitution, and he shall proceed no further with the application under section 71 until the security is given.(4) Subject to paragraphs (1), (2) and (3), a substituted claimant shall stand in the same position as nearly as may be, and be subject to the same liabilities as the original claimant.(5) If the application under section 71 is withdrawn, the claimant shall be liable to pay the costs of the defendant.(6) This rule does not apply to an application for withdrawal made by the Presidential Elections Committee.

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