BOARD ELECTION

Evening Post, Volume CXIII, Issue 118, 20 May 1932, Page 9

BOARD ELECTION

A MEMBER'S ELIGIBILITY

'A DISAPPOINTED MAN"

Xptiee of the election of Mr. James Joseph Maher, and two others, as the Hutt County's representatives on the Huitt Valley Electric Power Board was received it the meeting of the Power Board yesterday from the county returning officer.' At the same meeting a letter was received from Mr. A. J. McCurdy, who was displaced from the board by Mr. Maher, suggesting that Mr."Maher was ineligible for election. " ' '

"In. the matter of the" candidature of James Maher, co-lessor with Henry Whiteman, of farm property at Mangaroa under the title of "Whiteman and Maher," and the Elections and Polls Act, as amended," wrote Mr. McCurdy, "x am. informed on excellent authority that though the amended legislation gives power to partners to designate which (if any) may exercise the vote in respect of the entry iii the electors' or ratepayers' list, there is no authority for the person so designated to be eligible as a candidate as a representative of the local body to which the electors' or ratepayers' list relates." "' '; "So far as I can at present ascertain, Mr. J. Maher is not qualified' to represent the Hutt County," 'said Mr;' McCurdy in his letter. He suggested that the board should refer the matter to its solicitors.

"In my own case," he wrote, "I am the first on the list. I am the joints owner, not a tenant/of 700 acres of freehold land in the Mangaroa Riding, and my wife, who is the other party, has assigned to myself the right to vote and also such rights as she may possess to represent any local authority."

Mr. J. W.. McEwan asked whether it was the,business of the board, in view of the "notification* of election received from the returning officer.' ' ' \ ? ' , "If there is any doubt it is not for this board to take "the matter ■up," remarked" the engineer-general manager (Mr. E. F. Hollands). He said he had telephoned to the returning officer, ivho said that it was not his affair.

"This is typical of -Mr, McCurdy. H& should vattend to the matter himself," said Mr. A. Anderson.

Mr. S. Blackley said that the same question had arisen two or three years ago in, connection with the Waitomo County Council, and the executive ioirtmittee of the Counties' Association had obtained an opinion from' the late Mr. T. F. Martin: who said definitely tl)at a partner in a firm, could not stand as "a candidate. According to law the returning officer had'to receive nominations, and had no power, to' dispute \he election. That was left to one of the unsuccessful candidates, or he thought that five electors could dispute the matter. Mr: Blackley was of opinion that the board should make sifre' of Mr. Maher's position. ''Surely, we can't go beyond the certificate of. the returning olhcer," said Mr. W. H. P. Barber. '-If there is an error it is with the returning ofKeer in"accepting the nomination." . Mr. R. W. Bothamley said he thought Mr. McCurdy was endeavouring'to-place on the board the responsibility and the expense of proving his case. If he had a case he had his remedy, and it was.not for the board to take it up. Mr. Maher explained that he was a substantial ratepayer to the Hutt County Council. He considered that he had gained the popular vote.", " ' - . ' "It is the cry, of a'disappointed-man," said Mr. L. Stewart, in reference to Mr. McCurdy's objection. "Let him foot the bill."

Mr. A. J. Hobbs thought, it .was the duty of the returning officer' to see that the persons nominated were eligible, but Mr. Hollands said that that was not so.

It was decided to inform Mr. Mcpurdy that his objection was not a matter for the board to investigate. -•