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Electoral Act 1993

Election petitions - Trial of election petition

240: Real justice to be observed

You could also call this:

"The court must be fair and make good decisions, even if it means not following all the rules."

Illustration for Electoral Act 1993

When you are at a trial for an election petition, the court will look at what is fair and just. The court will not worry too much about following all the usual rules and procedures. The court can also use evidence that might not normally be allowed in the High Court if it thinks that evidence will help it make a good decision.

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Topics:
Government and voting > Elections
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"Mistakes during an election don't always make it invalid"

Part 8Election petitions
Trial of election petition

240Real justice to be observed

  1. On the trial of any election petition,—

  2. the court shall be guided by the substantial merits and justice of the case without regard to legal forms or technicalities:
    1. the court may admit such evidence as in its opinion may assist it to deal effectively with the case, notwithstanding that the evidence may not otherwise be admissible in the High Court.