If a councillor of a corporation be ousted, and another elected in his stead, and such election be merely colourable, a mandamus will go to permit the ousted party to exercise his office, but not to restore him to his office. If such ouster and election be bona fide, the Court will not grant a mandamus in favour of the party displaced :
the proper Proceeding is by quo warrarnto against the party holding the office de facto. Quaere, whether, if a party be elected a councillor, and duly qualified at the time of his election, and his name be afterwards improperly omitted in the burgess-list before his time of service as a councillor is expired, such omission vacate the office of councillor. If so, quaere, whether the office be absolutely vacant before notice to that effect be given, under sect. 52 of stat, 5 and 6 W. 4, c. 76.
[1837] EngR 453, (1837) 6 Ad and E 349, (1837) 112 ER 133
Commonlii
England and Wales
Local Government, Elections
Updated: 26 January 2022; Ref: scu.313570
