TO UPSET ELECTION

Shannon News, 13 November 1925, Page 3

TO UPSET ELECTION

The Manawatu Seat Affected MR HOLLINGS SERVES WRIT ON RETURNING OFFICER. Mr P. L. Hollings, the National candidate for the Manawatu Electorate at the recent polls has served a writ on the returning officer (Mr W. Trueman, of Foxtail) asking that the elec tion be .upset on the following grounds:—

(1) In the election of a member of Parliament lor Mainawatii Elector- \ ate the date appointed for the poll was the 4th day of November, 1925, and 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 Legislative Amendment Act, 1910, directs that nominations of candidates for election must reach the returning officer not later than noon on the tenth day before the day appointed for the poll. .3) The plaintiff was and is a duly qualified candidate for the election and was duly nominated. ' (4) The tenth day previous to the day appointed for the poll was the 25th day of October, 1925, and the only, nomination that reached the returning officer before noon on that day was plaintiff's nomination, which was in defendant's hands with the regular deposit.

(5) There being no other nominations within the time prescribed by the said Statute, plaintiff claims it was the duty of the defendant, as returning officer to declare plaintiff elected unopposed. A demand was made upon him to do so and defendant neglected and refused to do so and still neglects and refused to do so. * (6) Defendant unlawfully accepted two other nominations after the time fixed bv the said Statute had expired, one on the 26th day of October, and the other on the Svfh day of October, both of which plaintiff contends we're too late and the defendant unlawfully proceeded with an election poll which was held on the 4th dav of November, and it is contended by the plaintiff that such election poll was unlawful, and therefore void and of no effect.

(7) Plaintiff asks that this honourable court will order the issue of a writ of mandamus against the defendant as returning officer to compel him to declare plaintiff elected unopposed on the grounds that the plaintiff's nomination .was the only nomination in defendant's hands by noon on the tenth day before the day appointed for the poll. The case will be heard at the Supreme court at Palmerston North on Friday next.