ELECTION COURT

Hokitika Guardian, 15 January 1929, Page 1

ELECTION COURT

BAY OF ISLANDS PETITION. . DATE OF HEARING FIXED. WELLINGTON, January 13. Monday, January 28th, has been fixed as the date of the hearing by the Election Court of the petition against the return o»f .nr H. AI. Rushworth (Country Party) as member for the Pay of Islands. The place will probably be Kaikohe. The contest in the Bay of Islands electorate at the General Election was marked by a series of changes of fortune. On the night of the election Mr Rushworth, the Country Party candidate, was given a majority of 66 votes, but the official count reduced this tc one. Later a parcel of six votes that had been overlooked was discovered and three of these went to Air A. Bell, the sitting member, two to Mr Rushworth, and one was informal. ’lbis made a tie with 3889 votes for each candidate, and the returning officer gave his casting vote for Air Bell, who was accordingly declared elected. Supporters of the Country Party claimed and wore granted a Magisterial recount, which took place af Kawakawa before Mr J. H. Loxford S.M.. assisted by Mr F. Bird, return ing officer for the Alarsdcn clectoiatc. Of the 95 postal vote certificates in eluded iu the official count the Afagistrntc disallowed 35, the votes by declaration were reduced to 11, and the 322’ absentee votes included in the official count 28 were disallowed. Tie result was that Air Rushworth led AD Bell by two votes, and the Magistrate directed the returning officer t< amend his return accordingly. The defeated candidate sought lega’ advice concerning the situation, and eventually a petition was addressed to the Chief Justice asking that the return lie reviewed by an Election Court comprising two Judges of the Supremo Court. As announced previously the Court will consist of Air Justice Hcrdmui* and Air Justice Ostler.