The petitioners had properly complied with the section so far as service on the successful candidate went; they had not, however, served the returning officer who was a deemed respondent. Counsel for the successful candidate applied inter alia on this ground to strike out the petition. Counsel for the petitioners was not called upon.
Held: Martin, B. ‘Even if [counsel] were right in his arguments he should not allow such formal objections to defeat the petition, rule 60 saying that ‘no proceedings under the Parliamentary Elections Act 1868 shall be defeated by any formal objection’. He should therefore dismiss the summons.’
Judges:
Martin Baron
Citations:
(1869) 19 LT 499
Statutes:
Parliamentary Elections Act 1868 8
Jurisdiction:
England and Wales
Cited by:
Doubted – Ullah and Others, Ahmed v Pagel, Scallan, Kennedy CA 12-Dec-2002
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 . .
Lists of cited by and citing cases may be incomplete.
Elections
Updated: 08 May 2022; Ref: scu.181244