ELECTION COURT

Dominion, Volume 22, Issue 92, 12 January 1929, Page 8

ELECTION COURT

THE BAY OF ISLANDS PETITION DATE OF HEARING FIXED Monday, January 28, lias been fixed as the date of the hearing by the Election Court of the petition against the return of Mr. H. M. Rush worth (Country Party) as member for the Bay of Islands. The place will probably be Kaikohe. The contest in the Bay of Islands electorate at the general election was marked by a series of changes of fortune. On the night of the election Mr. Rushworth, the Country Party candidate, was given a majority of 66 votes, but the official count reduced this to one. Later a pareel of six votes that had been overlooked was discovered, and three of these went to Mr. A. Bell, the sitting member, two to Mr. Rushworth, and one was informal. This made-a tie with 3839 votes for each candidate, and the returning officer gave ids casting vote for Mr. Bell, who was accordingly declared elected.

Supporters of the Country Party claimed and were granted a magisterial recount, which took place at Kawakawa before Mr. J. H. Luxford. S.M.. assisted by Mr. F. Bird, returning officer for the Marsden electorate. Of the 95 postal vote certificates included in the official count the magistrate disallowed 35. the votes by declaration were reduced to 11, and of the 322 absentee votes included in the official count 28 were disallowed. The result was that Mr. Rushworth led Mr. Bell by two votes, and the magistrate directed the returning officer to amend Ids return accordingly. The defeated candidate sought legal advice concerning the situation, and eventually a petition was addressed to the. Chief Justice asking that the return be reviewed by an Election Court comprising two Judges of the Supreme Court.

As announced yesterday the Court will consist of Mr. Justice Herdman and Mr. Justice Ostler.