swarb.co.uk - law index
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Elections - From: 2002 To: 2002
This page lists 5 cases, and was prepared on 21 May 2019.
Regina (Quintavalle, Prolife Alliance) v British Broadcasting Corporation; CA 14-Mar-2002 - Times, 19 March 2002; [2002] EWCA Civ 297; [2002] 3 WLR 1080; [2002] 2 All ER 756
Regina (De Beer and Others) v Balabanoff, Returning Officer for the London Borough of Harrow Times, 25 April 2002; [2002] EWHC 670 (Admin)
11 Apr 2002
Admn
Justice Scott Baker
Elections
Candidates in a local election submitted their nominations, but they were rejected by the returning officer. The original nominations were rejected because of the possibility of confusion between candidates. Amended papers were not properly executed, and again were rejected. Held: The rules were clear, and the papers were not in order. The returning officer acted reasonably in rejecting them, since he had to act strictly within the rules. Judicial review refused.
Scott Baker J said, in the context of a submission that the court would have jurisdiction to interfere with a decision by a returning officer that a nomination paper was invalid: "It has not been argued before me that the court cannot interfere by way of judicial review, although it is fair to say that neither party was aware of any case where there has been a successful application for judicial review against a returning officer.
In my judgment, although judicial review does lie, this is an area in which the courts should be extremely slow to interfere with the decision of a returning officer. No doubt where a returning officer has plainly acted unlawfully relief will lie. But ordinarily returning officers should be left to conduct the election process as provided by Parliament."
Local Elections (Principal Areas) Rules 1986 (SI 1986 No 2214) 4A(1) - Local Elections (Principal Areas) (Amendment) Rules 1999 (SI 1999 No 394)
1 Citers
Ahmed v Kennedy and Others [2002] EWHC 2060 (QB)
11 Oct 2002
QBD
Elections
Representation of the People Act 1983
[ Bailii ]
Sauve v Canada (Chief Electoral Officer); 31-Oct-2002 - 218 DLR (4th) 577; 168 CCC (3d) 449; 5 CR (6th) 203; 294 NR 1; JE 2002-1974; [2002] SCJ No 66 (QL); 117 ACWS (3d) 553; [2002] ACS no 66; 55 WCB (2d) 21; 98 CRR (2d) 1; [2002] 3 SCR 519; 2002 SCC 68 (CanLII)
Ullah and Others, Ahmed v Pagel, Scallan, Kennedy Times, 20 January 2003; [2002] EWCA Civ 1793
12 Dec 2002
CA
Simon Brown, May, Clarke LJJ
Elections, Civil Procedure Rules
The claimants sought to issue election petitions to challenge the results of local elections. The petitioners had complied with all the rules save that they had failed to serve the notice of presentation within the five day period. The claimants argued that the Civil Procedure Rules took sway over the Election Rules, and that the before the court had a discretion to waive the time limit. Held: The Rule was expressed particularly strongly, and it was not possible to construe it in such a way as to allow a discretion. Timeous compliance was at its heart. The statute had to be looked at on its true construction to see whether any discretion existed.
Representation of the People Act 1983 163(1) - Election Petition Rules 1960 (1960 No 543) 6(1) 19(1)
1 Cites
1 Citers
[ Bailii ]