FILLING THE VACANCY

Evening Post, Volume CXII, Issue 2, 2 July 1926, Page 7

FILLING THE VACANCY

WHAT !AEB THE COUNCIL'S

POWEBS?

(To the Editor.)

;. Sir,—l note that Councillor E. M'Keen, speaking at Miramar, contended that if Councillor R. A. Wright "deferred his resignation till within six months o£ the next election the next man would be automatically returned to fill the vacancy." The argument rests on the assumption that legally the council has power to appoint a member. I think the councillor will find he is wrong in regard to this. ■Having made inquiry from the actingTown Clerk, Mr. Tait, I am informed that the position is governed by section 42 of the Municipal Corporation!? Act, 1920. This provides, to put it shortly, that when ■<r vacancy occurs within six months of a biennial election, the council has power, by resolution, either to hold an election under the provisions of the Local Bleciions and Polls Act, 1905—0r to leave the seat ■ vacant. ■ The council has no legal power to fill the vacancy on its own motion. One ■might expect a councillor who is also an ■M.l\ to. know the law on this question, but seemingly Councillor M'Keen is mis-' taken in this instance. —I am, etc., D. M'LAREN, . Hon. Secretary Civio League.