92.—(1) No Assembly election and no return to the Assembly shall be questioned except by a petition complaining of an undue election or undue return (“an Assembly election petition”) presented in accordance with this Part; and “Assembly election petition” includes a petition complaining of an undue return under section 9 of the 1998 Act.
(2) A petition complaining of no return shall be deemed to be an Assembly election petition and the High Court—
(a)may make such order on the petition as they think expedient for compelling a return to be made, or
(b)may allow the petition to be heard by an election court as provided with respect to ordinary Assembly election petitions.
(3) The expression “return” as the context requires refers to a return following an Assembly election or to a return under section 9 of the 1998 Act.