Paragraph 35
Countermand of notice of hearing(1) Where a notice of—
(a) the petitioner’s intention to apply for leave to withdraw an election petition; or
(b) the death of the sole petitioner or the survivor of several petitioners; or
(c) the respondent’s intention not to oppose an election petition, is received after notice of hearing of the election petition has been given, and before the hearing has begun, the Secretary shall forthwith countermand the notice of hearing.
(2) The countermand shall be given in the same manner, and, as near as may be, as the notice of hearing.
This paragraph provides for the Secretary to the Tribunal to withdraw the notice of hearing in cases where the petitioner withdraws the petition, where the petitioner(s) dies, or the respondent gives notice of his/her intention not to oppose the petition.
