Non-compliance
with provisions as to
nomination, &c.
8.70
Election valid
unless
questioned by
election
petition.
8.71
Necessary unless office of
clowning #freer attached to tha
Omission to hold election, or election void.
Miscellaneous provisions as to Elections.
PART III
22
34. - (1) An election held under this Ordinance shall not
be invalidated by non-compliance with the provisions of the Third
Schedule to this Ordinance, or mistake in the use of the prescribed
forms, if it appears to the court having cognizance of the question
that the election was conducted in accordance with the principles
laid down in this Ordinance and that the non-compliance or mistake
did not affect the result of the election.
(2) No misnomer or inaccurate description of any person or
place named in any register of electors, electors list, nomination
paper, ballot paper, voting paper, or notice, shall affect the full
operation of that document with respect to that person or place, in
any case where the description of the person or place is such as to
be commonly understood.
35. (1) An election held under this Ordinance, unless
questioned by election petition within the period fixed by law for
those proceedings, shall be deemed to have been to all intents a good
and valid election.
(2) An election held under this Ordinance shall not be liable to
be questioned by reason of a defect in the title, or want of title, of
the person presiding at, or conducting, the election, if that person
was then in actual possession of, or acting in, the office giving
the right to preside at, or conduct, the election.
36. - (1) If at an election of a councillor or councillors
(a) the poll is countermanded by reason of the death of a
candidate before the commencement of the poll; or
8.72
(b)
no person is or remains, or an insufficient number of
persons are or remain, validly nominated to fill the
vacancy or vacancies in respect of which an election is
held and, in the case of an ordinary election, there is
no retiring councillor or an insufficient number of
retiring councillors to fill the vacancy or vacancies,
the returning officer shall order an election to be held on such day
as he may appoint to fill any vacancy which remains unfilled.
(19)