L-1 - Legislature Act

Section 17 Disposition versions

1980-08-15

17. (Repealed).

R. S. 1964, c. 6, s. 29; 1979, c. 56, s. 245.

1977-12-31

17. Any legal disqualification or incapacity mentioned in section 16 shall be established judicially by the Superior Court sitting for the judicial district in which the election was held, upon an ordinary petition presented by any person who was qualified to vote at the election concerned.

Such petition may be made and presented at any time; it must first be filed at the office of the Superior Court in the said district, duly stamped, then served, within the ensuing six days, on the respondent or defendant, in accordance with the rules of the Code of Civil Procedure respecting the service of actions, with a six days’ notice of the presentation of such petition. The petition must be heard, both in first instance and in appeal, by privilege and precedence over all other cases, including those which are heard as summary matters.

Such petition, on being filed at the office of the Superior Court, shall constitute the commencement of a suit; the respondent or defendant can contest only the allegations of fact therein contained; no other proceeding whatever, preliminary or on the merits, by way of motion or in any other form whatever, may be taken against such petition, or be received or heard by the court or judge.

R. S. 1964, c. 6, s. 29.