CANDIDATE’S CLAIM

Manawatu Standard, Volume XLV, Issue 289, 10 November 1925, Page 6

CANDIDATE’S CLAIM

FOR ELECTION UNOPPOSED,

MR HOLLINGS ISSUES WRIT FOR MANDAMUS.

HEARING AT PALMERSTON NORTH.

(From Our Own Correspondent.)

In connection with the election for a candidate to represent Manawatu in Parliament, Mr P. L. Hollings. has issued a writ against the returning officer claiming that he should nave been elected unopposed , . Mr Hollings’ claim is fully set out in the following statement of claim :—- Philip Luscombe Hollings v. v* • Trueman, Returning Officer for the Electoral District of Manawatu.

The plaintiff says: (1) That in the election of a member of Parliament for the Manawatu electorate, the date appointed for the poll was the 4th day of November, 1925, and the defendant was the returning officer duly appointed for the conduct of such election.

(2) The Legislative Act, 1908, as amended by section 29 of the Legislature Amendment Act, 1910, directs that nomination of'eandidates for election must reach the returning officer not later than noon vof the tenth day before the day appointed for the poll.(3) The plaintiff was, aijd is a duly qualified candidate for election and was duly' nominated.

(4) The tenth day before the day appointed for the poll was the 25th day of October, 1925. and the only nomination that reached the returning officer before noon of that day was the plaintiff’s nomination which was already in the defendant’s hands with the required deposit. (5) There being no other nomination within the time prescribed by the said Statute, the plaintiff claimed that it was the duty of the defendant as returning officer to declare the plaintiff elected unopposed; a demand was made for him to do- so and the defendant allegedly neglected and refused to do so and still allegedly neglects and refuses to do so.

(6) The defendant allegedly unlawfully accepted two other nominations after the time fixed by the said statute had expired, one on the 26th day of October, tho other on the 27th day of October, both of which, tho plaintiff contends, were too late, and tho defendant allegedly unlawfully proceeded with an election poll which was held on the 4th day of November, 1925, and it is contended bv the plaintiff that such election poll was .unlawful and therefore void and of no effect.

(7) The plaintiff asks that this Honourable Court will order the issue of a writ of mandamus against defendant as returning officer to compel him. to declare the plaintiff elected unopposed on tho ground that tho plaintiff’s nomination was the onH nomination in the defendant’s hands by noon of the tenth day before the day appointed for the poll. At the end of the claim plaintiff gives notice of his intention to move in the Supreme Court at Palmerston North as above on Friday, November 13th, 1925, at 10 o’clock.

The results of the polling on Wednesday last was: J. Linklater (Reform), 4105; B. Roberts (Labour). 2276; P. F. Hollings (Nationalist) 444.