339. (1) If the judge omits, neglects or refuses to comply with the provisions of this division or to make a recount or re-addition, the party aggrieved may, within eight days thereafter, apply by petition to a judge of the Court of Appeal for an order enjoining the judge to comply with such provisions and to make and complete such recount or re-addition.
(2) Such petition may be based on affidavits setting forth the facts relating to such omission, refusal or neglect on the part of the judge.