Provided that when there is an authorised excuse for failing to make an election
expenses return or election expenses declaration section 109( 1) of the
Representation of the People Act shall, for the purposes of this subsection, be
deemed to have been complied with on the date of the allowance of the excuse, or,
if there was such a failure in two or more respects and the excuse was allowed at
different times, on the date of the allowance of the last excuse as defined in section
110( 4) of the Representation of the People Act.
(4) Subsection (3) shall apply notwithstanding that the act constituting the alleged
illegal practice amounted to a corrupt practice.
(5) For the purposes of this section, the allegation that corrupt or illegal practices or
illegal payments, employments or hirings were committed in reference to the
election and had so extensively prevailed that they may have affected, or have
affected, the allocation of seats under section 97 of the Representation of the People
Act, shall be deemed to be an allegation of corrupt practices, notwithstanding that
the offences alleged are or include offences other than corrupt practices.
29. (1) Where on an election petition the Court determines that the seats in the National
Assembly were not allocated in accordance with section 97 of the Representation
of the People Act, the Court shall so declare and may order that the seats be reallocated in accordance with those provisions and that the membership of the
Assembly be redetermined and re-declared in accordance with section 98 of the
Representation of the People Act, so, however, that candidates selected thereunder
from any list of candidates upon the defective allocation shall, in the order of
extraction of their names upon such selection as aforesaid, be entitled to retain their
seats in so far as the number of seats re-allocated to that list permits.
(2) Where on an election petition the Court, on a scrutiny, determines that the number
of valid votes cast for any list of candidates differs from the number of votes upon
which seats in the National Assembly were allocated to that list, the Court may so
declare and thereupon the allocation of seats to that list shall be reviewed by the
Commission and, on it appearing to the Commission from such review that any seat