Disputed election—substitution of plaintiff
3362 Disputed election—substitution of plaintiff
This rule applies if—
the court is deciding whether to give leave under the Electoral Act, section 263 (Withdrawal and abatement of application) for the withdrawal of an election application; or
the sole plaintiff, or the last survivor of several plaintiffs, for an election application dies before the trial of the application.
The court may order that someone else be substituted as the plaintiff if the other person—
is entitled to dispute the validity of the election on similar grounds to the plaintiff; and
agrees to be substituted as the plaintiff.
Pt 6.2 (Applications in proceedings) applies to an application for an order.
Rule 6901 (Orders may be made on conditions) provides that the court may make an order under these rules on any conditions it considers appropriate.
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