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Security by claimant for cost, etc., of application under section 71

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

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—(1) At the time of the filing of the application under section 71, or within 3 days afterwards, security for the payment of all costs, charges and expenses that may become payable by the claimant shall be given on behalf of the claimant.(2) Subject to paragraph (3), the security required by this rule shall be an amount of not less than $10,000.(3) If the number of charges in any application under section 71 exceeds 2, additional security to an amount of $5,000 shall be given in respect of each charge in excess of the first 2; and in this paragraph, “charge” means an allegation of the commission of a corrupt practice, an illegal practice or an offence under the Act at the election.(4) The security required by this rule shall be given by a deposit of money.(5) If security required by this rule to be provided is not given by the claimant, no further proceedings shall be had on the application under section 71, and the defendant may apply by summons to the Judge for an order directing the dismissal of the application under section 71 and for the payment of the defendant’s costs.(6) The costs of hearing and deciding the defendant’s application under paragraph (5) shall be paid as ordered by the Judge, and in default of such order shall form part of the general costs of the application under section 71.(7) This rule and rules 13 and 14 do not apply to the Presidential Elections Committee in any proceedings under these Rules.

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