J. McCOMBS ELECTED.

Manawatu Herald, Volume XLVIII, Issue 3011, 16 March 1926, Page 3

J. McCOMBS ELECTED.

MAJORITY OF ELEVEN. ELECTORAL COURT’S DECISION. Christchurch, March 14. The Electoral Court, which heard the petition of Mr. J. McCombs against the return of Mr. M. E. Lyons, as member of Parliament for Lyttelton, gave its decision yesterday morning. Mr. McCombs was declared elected for the seat by a majority of eleven votes, the figures as given by the Court being as under : McCombs .. 4900 Lyons .. 4889 Majority for McCombs 11 The judgment said the Court had considered nine cases in which the petitioner objected to the votes of persons on the ground of their not being entitled to be enrolled as electors. These were admitted by the respondent, and therefore were rejected. The petitioner offered proof of the illegal enrolment of six other eases. Four of these votes would be rejected. The court held that the ease of a probationer nurse was distinguishable from that of a medical student, and that her place of residence was the hospital, and not in Lyttelton. The respondent lodged an objection to fourteen votes, but offered no evidence in regard to nine. The other five were admitted by the petitioner, and the votes were rejected. The Court also examined the votes recorded by means of a cross and held that these were irregularly rejected by the Magistrate, and must be allowed.

The Court gave an indemnity to the witnesses, and ordered that the hespondent must pay the peitioner’s costs, as on a claim for £5Ol. A UNIQUE HAPPENING.

The Lyttelton case stands unique in the history of New Zealand politics, as it is the first occasion in which an Electoral Court has unseated a candidate who has been declared elected after a Magisterial recount, and has given the seat to another candidate without recourse to a fresh election.

In an interview, Mr. McCombs said: “We have known all along that even with the loss of the seamen’s votes I had a majority of those who voted and a majority of those who were legally entitled to vote.”

Ali’. Lyons said: “I will be there again. In three years’ time I will be much better known.”

On strict party lines Labour at the present juncture may now claim to be His Majesty’s opposition in the House of Representatives, with twelve members. If, however, an understanding is arrived at between the Nationalists (10) and Sir Joseph Ward (Liberal) Mr. Atmore (Independent Nationalist) and Mr. Statham (Independent), the honour will be removed from them. There is a possibility that such a fusion may take place, but in the event of Labour winning the Eden seat the right of Labour could not be denied.