Section 96, The Public Elections Act, 2012

(1) Where, in this Act, any act or thing is required orauthorised to be done in the presence of the polling agents or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose, shall not, if the act or thing is otherwise duly done, invalidate the act or thing done. (2) Upon the determination of any legal proceedings arising in connection with an election under this Act, the High Court shall, if a Returning Officer is a party to the action, certify whether or not the proceedings result from an act or omission of the Returning Officer done otherwise than in the bona fide performance of his duty under this Act.