ELECTION INVALID

Dominion, Volume 31, Issue 74, 21 December 1937, Page 12

ELECTION INVALID

Officers Of Auckland Trades Union

SUPREME COURT DECISION

By Telegraph—Press Association.

Auckland, December 20.

A decision invalidating the election held in February ami March last of the president and seven members of the executive of the Auckland and Suburban Bodies and Related Trades Industrial Union was given in the Supreme Court by Mr. Justice Ostler, who also issued an injunction restraining them from exercising the rights, powers •am] duties of these offices. “It seems to me,” said his Honour, “impossible to hold that a ballot conducted as this was in disregard of the rules and in which persons were allowed to participate who were not entitled to membership can be valid. The rules of industrial union are statutory. They must also be strictly complied with in order to produce legal results.”

There were approximately 1650 members to whom ballot papers were forwarded, said his Honour, but only 760 voted among the 1650. There were approximately 200 who were admitted to membership without the .payment of any entrance fee, which was a breach of 'rules 4 amd 16. The result of these breaches was that the ballot papers were sent to 200 persons who were not members and who were not entitled to vote, and the time allowed for the return of the ballot papers was not observed. The result was that the defendant, McSweeney, obtained 551 vo.tes for the office of president as- against 209 recorded in favour of his opponent, McLaren. If a proper time had been given for the return of the ballot papers the result of the election might have been quite different, seeing that less than half of the members recorded their votes and that of the 760 votes recorded, 200 were those of persons who were not members.

“It i s admitted on the facts,” said his Honour, “that the rules were not complied with, and therefore I have no alternative but to declare on that ground that the defendant McSweeney was not duly elected president of the union, nor were the seven other defendants duly elected members of the executive.” His Honour declared the offices vacant, except those of the vice-president, trustees and treasurer-secretary, who were elected unopposed, and that defendants were not entitled to act in any executive capacity and issued an injunction restraining them from exercising the rights, powers and duties of these offices. Plaintiff was awarded costs of the action as on a claim for £lOO with disbursements.