ELECTION PETITION

Evening Post, Volume CXXVI, Issue 136, 6 December 1938, Page 7

ELECTION PETITION

BAY OF ISLANDS SEAT

THE COURT PROCEEDINGS

fßy lelejrraptj Press Association i

AUCKLAND, December 5,

No date has yet been fixed for th?e sitting of the Election Court to review the result of the Bay of Islands election,, as a result of a petition presented by supporters of the National Party candidate, Mr. H. F. Guy, alleging that Maoris were wrongly included on the roll, and that there were cases of minors voting.

It was announced tonight by the Attorney-General and Minister of Justice (the Hon. H. G. R. Mason) that there was little likelihood of the petition being heard before Christmas. He said there was some possibility of the Court sitting during the legal recess in January.

"Because of the pressure of other judicial proceedings, the holiday period may offer the most convenient opportunity for disposing of the matter," said the Minister. "Such, action may establish something of a" legal precedent, but the large volume of legal work at present facing the various Courts suggests that if action is not taken during the holidays a long delay might be occasioned."

The Election Court consists of two Supreme Court Judges, and the sitting is required to be held in the district where the complaint has arisen.

The result of the election declared by the returning officer, Mr. E. G. Tyler, on October 27, gave.'Mr. C. W. Boswell (Government) a majority of 163 over Mr., Guy". The, petitioners have stated-that they are not seeking to have the election declared void, but they .submit that ,if the challenged votes are disallowed, their , number may be: sufficient to vary the result.