South Australian Consolidated Acts

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LOCAL GOVERNMENT (ELECTIONS) ACT 1999 - SECT 70

70—Procedure upon petition

        (1)         A petition to the Court must—

            (a)         set out the facts relied on to invalidate the election; and

            (b)         set out the relief to which the petitioner claims to be entitled; and

            (c)         be signed by a candidate at the election in dispute or by an elector for that election; and

            (d)         be lodged with the clerk of the Court within 28 days after the conclusion of the election; and

            (e)         be accompanied by the prescribed amount as security for costs.

        (2)         A copy of the petition must be served on—

            (a)         any person declared elected in the disputed election; and

            (b)         if it is alleged that the election is invalid on account of an act or omission of an electoral officer—if the Electoral Commissioner was the returning officer—the Electoral Commissioner; and

            (c)         the council.

        (3)         If a person or council served under subsection (2) proposes to contest the petition, the person or council must, within 14 days after service, or such further time as may be allowed by the Court (on application made either before or after the expiration of the period of 14 days), lodge with the clerk of the Court, and serve on the petitioner, a reply.

        (4)         A reply must—

            (a)         set out the facts on which the applicant proposes to rely; and

            (b)         ask for any relief to which the applicant claims to be entitled; and

            (c)         be signed—

                  (i)         if the applicant is a natural person—by the applicant; or

                  (ii)         if the applicant is the council—by the chief executive officer or returning officer of the council.



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