THE WESTLAND SEAT

New Zealand Times, Volume LIII, Issue 12392, 11 March 1926, Page 7

THE WESTLAND SEAT

MR T. SEDDON RETURNED MAJORITY OF TWELVE VOTES HEAVY COSTS AWARDED Per Press Association. GREYMOUTH, Marah 10. The hearing of the Westland electoral petition is now in its last day. Mr Justice Stringer reviewed the case. He said the petitioner’s main ground was that a large number of persons were illegally on the roll. The respondent made a similar claim. It was not sufficient to prove that electors had been absent for three months; it must be proved that they had actually resided in another district for three months before the closing of the roll. Where the elector had a permanent home in ahother electorate hut ■worked here, he could claim to reside in this district. The court's opinion was that if a person had a right to be enrolled the mode by which he got on the roll was a matter of procedure only. The court could not uphbld the contention of respondent’s counsel, said his Honour, that voting papers marked with a cross should be treat- ’ ed as invalid. In the opinion of the very Capable returning officer for

Westland such votes were valid, and thq court saw no reason for disturbing his decision. The court had carefully considered objections raised by the petitioner, and had arrived at the conclusion that the following persons in the list were not qualified to vote: Robert G. F. Blake, C. E. Heinz, B. R. Sword, Janet Sword, J. McCarthy, and Mary TJren. A number of electors had qualified when the roll closed, although not when they applied for enrolment. Regarding absent voters, their privilege must be exercised subject to the conditions laid down by Statute. If au elector failed to comply with the provisions his vote was invalid. Three absentee votes would he disallowed. Regarding the two' ballot papers marked “A.J.D.” and "too Irish,” the court agreed with the returning officer in allowing these votes. The petitioner had failed to establish his claim regarding the "Buller” votefe. The evidence on these being too vague to justify the court in granting relief. The Registrar advises that the Lyttelton petition will be taken at Christchurch on Friday. FRESH RETURN TO BE MADE The Election Court decided, regarding the respondent’s case, that eight votes must be disallowed. Two voters were Maoris and not qualified, and two absentee votes we?e disallowed' owing to the district returning officer failing to complete the declarations. The court held that where a voter crossed out the names of both candidates, if only partial in one instance, the vote was informal, and should not have been allowed. Four papers had a cross against the name of one candidate, and the other name was not crossed out. These votes were allowed. . _ The court and the returning officer retired to inspect the voting papers allowed and disallowed, ana are to make a fresh return when it is ascertained how the votes were recorded. SEDDON WINS BY 12 VOTES. Mr Justice Stringer announced later that the polling figures had been carefully readjusted, and checked, and the final figuree were: — Seddon 4176 > O’Brien 4163 The court held that Mr Seddon was duly elected by 12 votes.

• COSTS ON HIGHEST SCALE. GREYMOUTH, March 10. Election were allowed Mr Seddon on the ntghest scale as for £5Ol claim, witnesses’ expenses to be fixed by the Registrar. The court indemnified witnesses against possible subsequent proceedings. LYTTELTON ELECTION It is stated officially that the Lyt. tel ton election petition will He taken %t-Christchurch to-morrow (Friday).