RETURN OF DEPOSIT

Dominion, Volume 29, Issue 253, 22 July 1936, Page 8

RETURN OF DEPOSIT

Mayoral Candidate Who Withdrew “STATUTE DEFECTIVE” By Telegraph—Press Association. Timaru, July 21. . A writ directing the Timaru borough returning officer to return a deposit of £lO he had lodged when nominated for the Timaru Mayoralty and from which he voluntarily withdrew a day later than the specified seven clear days was sought by .Charles Eustace Kerr in the Supreme Court to-day. Mr. Justice Northcroft made an order for the return of the deposit. He said he was unable to accept the view of the Audit Department that the deposit was not returnable because of the position created by the candidate himself. He pointed out that the same attitude might be adopted If a returning officer died before an election or did not conduct an election as he should have done. He thought it proper, in view of the public notice that had been taken of the matter, to state that the statute was defective to deal with the situation, and the returning officer had acted quite sensibly and properly in the course which he adopted.