(1) An election petition may be withdrawn with the leave of the Court made on an application as set out in Form 12 of the Schedule.
(2) An application under subrule (1) shall not be made for the withdrawal of an election petition until the petitioner has given notice as set out in Form 13 of the Schedule of his or her intention to the Registrar and the respondent, and the Registrar shall immediately cause a notice of the application as set out in Form 14 of the Schedule to be published in the Gazette and in a newspaper of general circulation in Saint Lucia.
(3) Where there is more than one petitioner, an application to withdraw an election petition shall not be made except with the consent of each petitioner.
(4) Before leave for the withdrawal of an election petition is granted —
(a) a party to the election petition and his or her legal practitioner whose election petition is sought to be withdrawn; and
(b) the election agents of the parties who were candidates at the election,
shall produce affidavits to the effect stated in subrule (5), but the Court may, on cause shown, dispense with the affidavit of a particular person if on special grounds it appears to the Court just to do so.
(5) An affidavit shall state that in relation to the withdrawal of the election petition, to the best of the deponent's knowledge and belief —
(a) no agreement or terms of any kind whatsoever has, or have been, made; and
(b) no undertaking has been entered into.
(6) Notwithstanding subrule (5), if any lawful agreement has been made with respect to the withdrawal of the election petition, the affidavit shall set out that agreement and shall make the statement required under subrule (5), subject to what appears from the affidavits.
(7) An affidavit of the applicant and his or her legal practitioner shall state the ground on which the election petition is sought to be withdrawn.
(8) A person shall not make any agreement or terms, or enter into any undertaking, in relation to or for the withdrawal of an election petition in consideration —
(a) of any payment;
(b) that the seat shall at any time be vacated; or
(c) of the withdrawal of any other election petition.
(9) A person who contravenes subrule (8) commits an offence and is liable on summary conviction to a fine not exceeding $500.
(10) Where an election petition is withdrawn, the petitioner is liable to pay the costs of the respondent.