MAUKU RIDING ELECTION

Pukekohe & Waiuku Times, Volume 7, Issue 351, 8 February 1918, Page 1

MAUKU RIDING ELECTION

Result Declared Void.

FRESH CONTEST ORDERED

The hearing of the election petition against the return of Mr J. S. Montgomerie as the representative of the Mauku Riding on the Franklin County Council was resumed at the Pukekohe Courthouse on Wednesday last, by Mr Wyvern Wilson, S.M. Mr J Stanton again represented the petitioner, (Mr J. Henry, the ex-membsr and defeated candidate), and Mr A. E. Skelton appeared 'for the respondent, (Mr Montgomerie.) At the initial proceedings a fortnight ago, it will be remembered, the Magistrate conducted a scrutiny of the votes cast and then intimated as the result of irregularities disclosed in the marking off by the deputy returning officers on the electoral rolls of the names *of electors who had voted and of the confusion caused by a duplication of certain numbers on the rolls through a stencilled typewriting error he was of opinion that a fresh eleotion would be necessitated. He added, however, that he was prepared to hear evidence on the point if desired by counsel. On the Magistrate taking his seat on Wednesday Mr Stanton said that with reference to what had been disclosed by the scrutiny the Returning Officer (Mr Alan P. Day) could clear up the doubtful votes in regard to the duplication of numbers and could show that nobody had given more votes than they were entitled to. He believed that neither side wished the election to be declared void on any technical point and he suggested that disputed votes shjuld be dealt with and then that the Magistrate should decide which candidate had the majority and had been elected.

The Magistrate doubted whether any ballot paper bearing a wronc number could be treated as other than informal even with an explanation.

Mr Skelton stated that after what had been disclosed by the scrutiny Mr Montgomene would welcome a new election as his de*sire was to secure a verdict that reflected the wishes of a majority.

Mr Stanton obsetved that it was not for Mr Skelton to take all the virtue for a new election as it had been part of his (Mr case to ask for a fresh election.

The Magistrate, referring to various, instances of irregular voting, pointed out that in one case five votes were apparently given by a certain person, four votes being cast for one candidate and one vote for the other. It would be dangerous, he added, after the lapse of two or three months since the election to trust to the memories of the deputy returning officers for explanations. Mr Stanton again reiterated that he thought he could satisfy His Worship that the votes should be allowed but expressed his full approval of another election being ordered if the Magistrate held that such votes could not be accepted as valid.

Mr Skelton urged that the irregularities were so many and of such a character that His" Worship could not come to a conclusion as to for whom the votes were intended. He (Mr Skelton) could not say that a majority for his client had been established but on the other hand it was clear that there was not a majority for Mr Henry. The irregularities were perfectly innocent mistakes and there was not the slightest suggestion on either sido that there nad been any mal-practice by officials. It was part of his case, he went on to say, that in one instance at least a voter was not given the full number of votes to which he was entitled and then again an unnaturalised enemy subject had voted The latter point, which concerned a perfectly reputable porson, would a< t, under the circumstances, required to he raised but he instanced it as showing that the war regulation, winch came into force a fortnight before the elections, and which promoted enemy aliens from voting, had been overlooked by tae deputy eturning officer concerned

MAGISTRATE'S DECISION The Magistrate, in giving his de c.siou, stated that the evidence taken i ii n might previously to -hi.w

.I.it .-ome votes had be. n iiuproperl cist aud that voting by HUurtn-ya toi absentees had beon allowed. A •i rutiny was theu enters d upon and it showed many irregularities. Intoriual votes presented uo difliculty as tiiev could be deducted but there Aere more irregularities than embraced iu informal votes. Such might or might not have arisen through the confusion of numbers being duplicated on the rolls. It «u.. impossible for him to determine which votes actually represented such duplicated numbers, especially as tim rolls had been imperfectly marked oil'. lie therefore declared fin election void and would order mother election to be held. Mr >Stintou asked for costs to be allowed his client. Mr Henry, he hu A, had won bis case aud hal beeu instrumental in disclosing the irregularities and as Mr Montgomerie was Ihe unsuccessful party it would be following the ordinary rule for hira to be ordered to pay costs.

Mr Skelton claimed that the election had been declared void on tho ground of irregularities for which neither side was responsible and not on matters as alleged in the petition. His client was just as much entitled to the credit for the discovery of the irregularities as Mr Henry The Magistrate remarked that it was an unfortunate position for both parties. The scrutiny was responsible for the result and before an unsuccessful party could be ordered to pay costs he would have to be \ roved to have done something wrong. Then again there had been no negligence or misfeasance on the part of the Returning Officer to warrant him being ordered to pay costs. Consequently he thought it would be the fairest thing for each party to pay their own costs, tho petition deposit fee (£10) to lie returned to Mr Henry.

The Local Elections and Foils Act sets out that in the case of an election being declared void another poll must be held uuder the same provisions as before. This means in theca'se in issue that there will be no candidates other than Messrs Henry and Montgomerie, that the same polling-booths will be used, and that the electoral roll will consist of the names as set out thereon for the previous election, no additions thereto being possible. The day of polling will probably bo fixed for Wednesday, the 27th inst.