(1) Subject to
subregulation (2), if the returning officer has reasonable grounds to
believe that there has been an irregularity in the conduct of an election, the
returning officer may, at any time before notification of the result of the
poll is given under regulation 34, declare the election to be void.
(2) An election must
not be declared to be void only because of—
(a) a
defect or irregularity in the conduct of the election that did not affect the
result of the election; or
(b) an
error or defect in an instrument or other document made, or purporting to be
made, for the purposes of this Division; or
(c) an
illegal practice, other than bribery or corruption, or attempted bribery or
corruption, having been engaged in by a person, unless—
(i)
it is likely that the result of the election was affected
by the practice; and
(ii)
it is just that the election be declared void.
(3) If an election is
declared void, regulation 34 applies as if the election had failed.