THE CHRISTCHURCH ELECTION.

Auckland Star, Volume XXIII, Issue 31, 6 February 1892, Page 5

THE CHRISTCHURCH ELECTION.

GEORGE'S PETITION DISMISSED,

V BY TEHtpRAPH.—PRESS ASSOCIATION.)

Christchurch, this day.

Judgment in the Christchurch election petition was delivered to-day. The judgment commenced by stating that the judges wore satisfied both on principle and authority that Mr George could not claim a seat. The whole object of the election laws was to give constituencies full and fair opportunity of choosing a candidate.: The natural result of a mistake in the returning officer's notice fixing the date for sending in nomination papere was to mislead intending candidates, and Sandford and Smith Vwere misled by it. If the returning Npfficer had declared George elected \b would have been impossible to hold ib as good, as the constituency, % the blunder of the returning officer in the\performance of a statutory duty, would have been deprived of the right of its choiceX In a case like the present, where tho majority of the electors have elected'the candidate they preferred the Court should hesitate to set aside theelection unless absolutely compelled by law tddoso. The names of Sandford and j Smith wereacceptedbytheßeturningOfficer as candidates.and advertised by him.\and there was no reason to suppose that byvhis action any other persons were prevented j from becoming candidates. As to Mr George, owing to the mistake of thqj Returning Officer, ho would have had, no rifht to the seat. He was not deprived of any vested right by the acceptance of the candidature of Sandford Smith without expressly deciding the poinb of validation. Tho Court is satisfied that power of validation given to the Governor-hvCouncil extends bo tho present case and has been efficiently exercised. In the opinion of the Court" there was accidental misfeasance in the mistake made by the Returning Officer. As to costs, the petitioner had claimed a seat after a tolerably clear expression of opinion by the constituency that it did not want him. Under such circumstances, if a person chooses to make use of what is little more then a technical legal ground to endeavour to force himself on the constituency as representative, and fails ho ought to pay the I costs of the proceedings, and an order will I be made accordingly.