Page:Constitutional imperialism in Japan (IA constitutionalim00clemrich).pdf/107
questions the validity of the election of the elected person in the election district, he may institute a suit in a Court of Appeal against the elected person, within thirty days from the day of the notification of the name of the elected person as mentioned in Article LXXV. However, when a law suit is instituted on the ground that the requirement provided in the proviso of clause 1, Article LXX has been acquired, such suit shall be made against the Chairman of Election, and shall be instituted within thirty days from the day of notification mentioned in Article LXXIV.
Those who are dissatisfied with the judgment of the Court of Appeal mentioned in the preceding clause may bring an appeal to the Court of Cassation for revision.
Article LXXXIII.—In trying a suit about election or about returns a Court shall require the Public Procurator to attend the proceedings.
Article LXXXIV.—When a suit about an election or about returns has been decided in a Court, a copy of the judgment shall be sent to the Minister of State for Home Affairs; and when the Imperial Diet is in session, another copy shall be sent to the President of the House of Representatives.
Article LXXXV.—The plaintiff shall, simultaneously with the filing of his petition, deposit as security in the Court three hundred yen in cash or Public Bonds of equal value.
In case the judgment has been given against the plaintiff, should he fail to pay the whole amount of the legal costs within seven days from the day on which the judgment was settled, the security money shall be appropriated for the purpose, and should there still remain any deficiency, the required amount shall be charged to the plaintiff.
Chapter XI.—Punitive Rules
Article LXXXVI.—Any person, who has effected by fraudulent process the insertion of his name in the electoral list, or who has made a false declaration in the case of clause 2, Article XXXIV, shall be liable to a fine of not less than ten yen and of not more than fifty yen.
Article LXXXVII.—Any person, who has committed whether prior or subsequent to the election an act coming under any of the following items, shall be sentenced to minor confinement without hard labor for not less than one month and not more than one year, or to pay a fine of not less than ten yen and not more than one hundred yen:—
(417)