RAGLAN SEAT

Press, Volume LXXXIII, Issue 25081, 13 January 1947, Page 8

RAGLAN SEAT

ELECTORAL COLIiT PETITION NATIONAL CANDIDATE’S APPLICATION (P.A.) HAMILTON, January 11. A petition asking for the setting up of an Electoral Court and asking that the result of the Raglan election of last November be reversed and Mr A. Hally burton Johnstone be declared duly elected as member of Parliament for the district on the grounds of alleged irregularities in the voting has been lodged by Mr Johnstone, the National Party candidate for the seat. On the night of the election Mr A. C. Baxter, the Labour candidate, was successful by a majority of 45 votes, which the official count reduced to a majority of 39. The National candidate later applied for a magisterial recount. The application was granted, but because of the non-arrival of overseas votes, the recount will not now be held until February. The closing date for lodging any petition is 28 days after the declaration by the returning officer of the result of the election/ This time limit will expiie on Monday, so Mr Johnstone has been compelled to appeal without waiting for the result of the magisterial recount. Grounds for Petition The chief grounds for the lodging of the petition include allegations: (1) That persons without correct residential qualifications voted at the elections. (2) That persons under the 'age of 21 at the time of the closing of the rolls voted. (3) That Maoris other than halfcastes voted in the European election. (4) That persons other than British subjects exercised a vote. (5) That the number of valid votes for the petitioner was wrongly declared, and that some valid votes were counted as informal. (6) That some of the votes cast for Mr Baxter were counted as valid when they were in fact informal and should have been rejected. The petition, which has been handed to the returning officer for the Raglan electorate (Mr J. H. C. Hallid), asks that the Court order a scrutiny and recount of the votes cast in the election: that the Court declare, that Mr Baxter was not duly elected’; and that Mr Hallyburton Johnstone be declared duly elected member of Parliament for Raglan. The petition states that the petitioner was lawfully elected, inasmuch as a majority.of the valid votes cast at the election were for him and not for Mr Baxter, who. therefore, is not entitled to be declared elected.

The Electoral Court, which consists of two judges of the Supreme Court, is set up on the presentation of a petition complaining of irregularities in an election. The petitioner or petitioners must give security for £2OO for payment of costs. The petition must allege the specific grounds on which the complaint is founded, and no other grounds can be inquired into. If the judges differ as to whether the member whose election is complained of was duly elected the member shall be deemed to be duly elected. The respondent may give evidence to prove that the election of the claimant would be invalid in the same manner as if the claimant had been elected and the respondent had presented a petition complaining of his election. Costs are to be defrayed by the parties in such manner and'in such proportions as the Court determines.

One of the most recent Electoral Court hearings resulted in a by-elec-tion in the Bay of Islands. At the General Election in 1928 Captain H. M. Rushworth beat Mr Allen Bell, who had previously held the seat, by two votes in a poll of 8046 votes. 349 of which were cast for a third candidate.* The Court ruled the election invalid because of irregularities and a byelection was held the following April. Captain Rushworth again won. this time by 474 votes in a straight-out contest. Altogether 8331 votes were cast in the by-election, and the number of informal votes was reduced by 24.

The most recent sitting of an Electoral Court in Canterbury was in Lyttelton in 1926. Mr J. McCombs, who had held the seat in the previous Parliament. was beaten by Mr M. E. Lyons on the casting vote of the Returning Officer, but as a result of the Court’s hearing this result was reversed and Mr McCombs was declared elected by 11 votes.