PETITIONS DISMISSED

New Zealand Herald, Volume LXXV, Issue 23060, 10 June 1938, Page 12

PETITIONS DISMISSED

ELECTIONS NOT AFFECTED FINDING BY MAGISTRATE INQUIRY AT LOWER HUTT [BT TELEGRAPH —PRESS ASSOCIATION] WELLINGTON, Thursday The petitions seeking to have the recent Lower Hutt mayoral and council elections declared void were dismissed by Mr. H. P. Lawry, S.M., to-day at the conclusion of a threo days' hearing iuto the conduct of the elections. Costs totalling £4O 19s were allowed the respondents, who were the returning officer, Mr. B. S. Knos, the Mayor, Mr. J. W. Andrews, and the six successful Citizens' councillors in the recent elections.

In dismissing the petitions, the magistrate said he could not find in all the evidence any particular allegation supported to the extent of showing that the result of the elections was affected.

Mr. Lawry said he bad looked carefully to see if any witness would be produced with some definite statement showing that there had been an effect on the council election. The evidence of none who complained of a lack of time or inability to get a vote came up to establishing sufficient proof to hold the election void and put the borough to the expense of an election. The magistrate said this was not so much on the ground of expense which would naturally follow a fresh election, but on the .point that before an election could beaipset the evidence must be clear and convincing. The witnesses in every case had refrained from voting for some personal reason, rather than any irregularity, and in the cases of those who claimed that they were refused, declaration votes, the evidence was insufficient to show that they had applied to the proper official. One of these persons might have been sufficient to have a material effect on the election of councillors where but one vote separated the last successful candidate and the highest polling unsuccessful one.

Nothing had been done which could have in any way affected the mayoral election, the magistrate continued. One vote might have affected the council, but he could not hold that any one such vote was proved to be disallowed.