CO129-609-3 Future policy- draft Municipal Council Ordinance 1-1-1947 - 31-12-1947 — Page 81

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(Marginal notes in red

relate to the Municipal Corporations Acts, 1882 unless otherwise shown.) Interpretation.

Power to question

election by petition.

s.87(1)

Municipal Elections (Corrupt & Illegal Practices) Act, 1884. 8.18.

e.g. decision of returning officer as to validity of nomination. (3rd Sched. Par I, para.5(4)).

Who may present petition.

8.88(1)

PART XIV. ELECTION PETITIONS

143. In this Part of this Ordinance "Court" means the

Supreme Court in its Original Jurisdiction and "Registrar"

means the Registrar of the Supreme Court.

144. (1) The election of a councillor may be

questioned by an election petition on the following grounds

or any of them:-

(a) That the election was as to the municipality, or

any electoral division or ward thereof, wholly

avoided by general bribery, treating, undue

influence, or personation; or

(b) That the election was avoided by corrupt practices

(c)

or by illegal practices committed at the election;

or

That the person whose clection is questioned was at

the time of the election disqualified; or

(a) That the person whose election is questioned was

not duly elected by a majority of lawful votes; or

(e) That illegal practices or offences of illegal

payment, employment, cr hiring, committed in

reference to the election of a candidate thereat, 80

extensively prevailed that they may be reasonably

supposed to have affected the result of the election;

(*)

or

On any other ground provided by any enactment whereon

an election may be questioned.

(2) The election of a councillor may not be questioned

on any one or more of these grounds except by an election

petition.

145. An election petition may be presented either by

four or more persons who had a right to vote at the election,

or by a person alleging himself to have been a candidate at

the election.

The Act includes persons who voted. This is omitted because (a) the person might not have had a right to vote and

(b) verification of claim to have voted would entail

scrutiny of marked copy of register and/or ballot papers.

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