Paragraph 34
Notice of no opposition to petition(1) If before the hearing of an election petition, a respondent, other than the electoral officer, the returning officer or Presiding officer, gives to the Tribunal or Court notice in writing signed by him or his Solicitor before the Secretary that he does not intend to oppose the election petition, the Secretary shall—
(a) serve notice on the other parties to the election petition; and
(b) post or cause to be posted a notice on the Tribunal notice board.
(2) The respondent shall file the notice with a copy for each other party to the election petition not less than six days before the day appointed for hearing of the election petition.
(3) A respondent who has given notice of his intention not to oppose the election petition shall not appear or act as a party against the election petition in any proceeding on it; but the giving of the notice shall not of itself cause him to cease to be a respondent.
This paragraph seeks to create a freedom of choice for a Respondent to either defend a Petition in which he/she has been listed as a Party, concede to the Petition or elect not to defend the Petition at all. The Respondent to an Election Petition may indicate his/her interest not to oppose the Petition by filing a “Notice of No Opposition” or to elect not to file any Reply to the Petition. Note that a Respondent who files a “Notice of No Opposition” remains a party to the Petition but cannot participate as a party thereof.
