A SUSPENDED COUNCILLOR.

King Country Chronicle, Volume VIII, Issue 652, 18 March 1914, Page 5

A SUSPENDED COUNCILLOR.

OHAKUNE BOROUGH DISPUTE,

SUPREME COURT' ACTION

Wellington, Monday. In the Supreme Court to-day, before the Chief Justice, Alex. H. Wilkie, a member of the. Ohakune Borough Council, aplied for a writ of injune tion restraining the Mayor and uther members of the Council from preventing him from attending a meeting of the Council on March 17th : or other meetings, and exercising his lawful rights as a councillor. Plaintiff also asked that defendants be ordered to pay the costs of these proceedings. The statement of claim set out that the Council on February 23rd passed a .esolution suspending plaintiff for one meeting, pending his apology for charges against the Mayor. * Plaintiff was not present when the resolution was passed and was not notified thut it was to be brought down. Plaintiff attended a subsequent meeting, bur, was r.ot allowed to object to fie confirmation of the minutes', and the Mayor. Mr T. 11. Kiely, also refused to allow him to speak or vote on any matter before the meeting. Plaintiff refused to withdraw, and the rveetir.g was adjourned. Another meeting was held next day, and at the request of the Mayor, plaintiff vsas removed by a constable, and the defendants thereupon passed another resolution sus- | pending him for a further period of fourteen day?.

Defendants, in their statement, replied for the legality of their action upon the borough by-laws and the standing orders and procedure of the House of Representatives. The court reserved its decision.

Wellington, Tuesday

Judgment was delivered in the above case this morning. After holding that the Court had jurisdiction to interfere by injuncrion if the circumstances of the case warranted, his Honour held that the action of the plaintiff brought him under the Council's hy-law relating to disorder, and the Mayor and Council having found he wa/disorderly, the Court could not interfere. Wi*h the finding his Hon our held, however, that neither the Mayor nor the Borouyh Council had power to expel or suspend a member They had only power to impose a penalty, being under part 2 of the bylaws, and in section 349 of the statute whi h agreed. His Honour also held that tricresolution of suspension was clearly illegal, and granted an in junction with costs, £5 ss.