(1) An election petition shall be tried before the High Court in the same manner as a suit commenced by a writ of summons. At the conclusion of the trial, the judge shall determine whether the member of the House whose return or election is complained of or any and what other person was duly returned or elected, or whether the election was void, and shall certify such determination to the Governor General and upon such certificate being given such determination shall subject to section 39(7) of the Constitution be final and the return shall be confirmed or altered or a writ for a new election shall be issued as the case may require in accordance with such determination.
(2) At the trial of an election petition the judge shall have the same powers, jurisdiction and authority, and witnesses shall be subpoenaed and sworn in the same manner, as nearly as circumstances will admit, as in a trial of a civil action in the High Court, and shall be subject to the same penalties for perjury.