104. Challenging a presidential election.
(1) Subject to the provisions of this article, any aggrieved candidate
may petition the Supreme Court for an order that a candidate declared by the
Electoral Commission elected as President was not validly elected.
(2) A petition under clause (1) of this article shall be lodged in the
Supreme Court registry within ten days after the declaration of the election
results.
(3) The Supreme Court shall inquire into and determine the petition
expeditiously and shall declare its findings not later than thirty days from the
date the petition is filed.
(4) Where no petition is filed within the time prescribed under clause
(2) of this article, or where a petition having been filed, is dismissed by the
Supreme Court, the candidate declared elected shall conclusively be taken to
have been duly elected as President.
(5) After due inquiry under clause (3) of this article, the Supreme
Court may—
(a) dismiss the petition;
(b) declare which candidate was validly elected; or
(c) annul the election.
(6) Where an election is annulled, a fresh election shall be held within
twenty days from the date of the annulment.
(7) If after a fresh election held under clause (6) of this article there
is another petition which succeeds, then the presidential election shall be
postponed; and upon the expiry of the term of the incumbent President, the
Speaker shall perform the functions of the office of President until a new
President is elected and assumes office.
(8) For the purposes of this article, article 98(4) of this Constitution
shall not apply.
(9) Parliament shall make such laws as may be necessary for the
purposes of this article, including laws for grounds of annulment and rules of
procedure.