Paragraph 33
Abatement of proceedings in election petition(1) If a sole petitioner or the survivor of several petitioners dies, then, subject to subparagraphs (2) and (3), there shall be no further proceedings on the election petition and the Tribunal or Court may strike it out of its cause list.
(2) The death of a petitioner shall not affect his liability for the payment of costs previously incurred in the course of proceedings in respect of the election petition prior to its abatement.
(3) Where notice, with copies for each party to the election petition supported by the affidavit of two witnesses testifying to the death of a sole petitioner or of the survivor of several petitioners, is given to the Secretary, he shall submit the notice to the Tribunal or Court and if the Tribunal or Court so directs, the Secretary shall—
(a) serve notice on the other parties to the petition;
(b) post or cause to be posted a notice on the Tribunal notice board; and
(c) cause notice to be published in conspicuous places in the constituency, in such form as the Tribunal or Court may direct.
This paragraph empowers an election Tribunal to strike out a Petition upon the death of the sole Petitioner or the last surviving Petitioner. Such death will however not remove the deceased’s liability for costs incurred during the petition.
