PART 4Legal proceedings

Constitution of election court and place of trial89

1

An Assembly election petition shall be tried by two judges on the rota for the trial of parliamentary election petitions, and the judges for the time being on that rota shall, unless they otherwise agree, try the election petitions standing for trial according to their seniority, and the judges presiding at the trial of an Assembly election petition are hereinafter referred to as the election court.

2

The election court has, subject to the provisions of this Order, the same powers, jurisdiction and authority as a judge of the High Court and shall be a court of record.

3

The place of trial shall be within the Assembly constituency or electoral region for which the election was held (or, where article 87(1)(d) applies, within the Assembly electoral region for which a person claims to have had a right to be returned to fill an electoral region vacancy), but the High Court, may on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, appoint some other convenient place for the trial.

4

The election court may adjourn the trial from one place to another within the Assembly constituency or electoral region.