A DISPUTED ELECTION.

South Canterbury Times, Issue 2706, 21 November 1881, Page 2

A DISPUTED ELECTION.

The resident Magistrate at Dunedin was last week called upon to decide a dispute arising out of the election of a member of the Eoslyn Borough Council. A short time ago an election was held and the person elected was ousted on the ground that no polling place was provided in the ward for which the election was held. It was to fill the vacant seat that the election now disputed was held,and the polling resulted in a Mr Wright obtaining 29 votes to a Mr Farley’s 28. Mr Farley and others petitioned against the election, on the grounds, among others, that no polling booth had been provided within the said ward, and that a person voted at that election uho was not entitled to vote thereat. It was proved that no polling place was provided in the ward, and that a person who had no right to vote had recorded a vote for Mr Wright. In giving judgment on Friday the Magistrate said it was contended that a polling booth must be situate within the ward for which the election is held, and there only, and as there was no polling booth within the ward there had been no valid election. He could find nothing in the Act that provides that a polling booth must be within the district, which in this case meant ward. The Act required that the place of nominatian must be within the district, but was silent as to the situation of the polling booths. If the polling booth were so inconveniently situated as to interfere with the fairness of an election that would be a good ground of appeal, but that was not the case in this instance. Another objection to the election was that a person voted who was not entitled to vote, his name not being on the burgess roll, and that be recorded his vote for John Wright. This had been clearly proved, and he therefore struck off this vote, and found the numbers to stand—Farley, 28, Wright, 28. The Act provided that if any votes were struck off the poll the candidate then appearing to have the highest number should be declared duly elected ; but no provision was made to meet the case of a tie, and consequently he had no jurisdiction to declare either candidate duly elected ; but he found that there being no majority of votes recorded m favor of Wright that his election was void.