THE MAYORALTY

Timaru Herald, Volume CXLI, Issue 20442, 12 June 1936, Page 7

THE MAYORALTY

MR VINNELL DECLARED ELECTED RETURNING OFFICER’S DECISION Mr Percy Cornelius Vinnell was yesterday declared Mayor of Timaru by the Returning Officer (Mr E. A. S. Killick), the other candidate, Mr C. E. Kerr, having notified his withdrawal from the contest. Some doubt regarding the legal procedure existed on Wednesday, when Mr Kerr notified his withdrawal and the Returning Officer refrained from taking action until he had had an opportunity yesterday o± consulting the Borough solicitors. Following this consultation the Returning Officer acted pursuant to section II of the Local Elections and Polls Act, 1925, and declared Mr Vinnell elected.

As a result of having been declared elected as Mayor, Mr Vinnell

will immediately vacate Iris seat on the Council and an election to fill the vacancy will have to be held. Nominations will be called for immediately and will close at noon on July 3, the election to be held on July 14. It will not be possible for Mr Vinnell to take office until to-day, and he will not be able to perform any Mayoral duties until he has signed a declaration before the Council, a meeting which it is impossible to summon without givingtwo days’ notice to that effect. This meeting will be held on Monday evening. As the Acting-Mayor also automatically vacated his office yesterday there will be ne’ther a Mayor nor Acting-Mayor in the town until after Monday’s meeting. Doubt Existed. There appeared to be some doubt regrading the actual position, as Mr Kerr’s notice of withdrawal was not given within the prescribed time, namely seven days. The relevant section, 13 (1), of the Local Elections and Polls Act, on the subject, says: “If a candidate at an election signs and delivers to the Returning Officer not later than seven clear days before polling day, a paper .... stating that such candidate retires from the election, the Returning Officer shall give public nc.lce thereof, and if by such retirement the number of candidates is reduced to the number of vacancies to be filled the Returning Officer shall publicly declare the remaining candidates to be duly elected, but if the number of candidates is not so reduced the poll shall proceed, but the person so retiring shall not be capable of being elected.” The provision is silent on f._ question of what action the Returning Officer shall take in event of the retiring candidate giving less than seven clear days’ notice before the election. Conferences Held Hurried conferences on the procedure were held between the Returning Officer and the Borough solicitors yesterday, as a result of which the Returning Officer proceeded under Section 11 of the Local Elections and Polls Act, and at noon yesterday posted a notice at the Municipal Chambers declaring Mr Vinnell elected Mayor as being the only candidate. The clause under which he acted reads: “If the number of candidates does not exceed the number of vacancies to be filled, the Returning Officer shall, at the place and on the day so appointed, publicly declare the candidate or candidates so named to be duly elected to the office or offices to be filled at the election then being held.” Statement by Town Clerk. Interviewed last night the Town Clerk made the following statement: “My action in proclaiming Mr Vinnell elected as Mayor was taken after consultation with the Borough solicitor. I have since received the Borough solicitor’s written opinion on various questions submitted to him and, although I have not the opinion by me, as far as I recollect there is nothing therein which throws any doubt upon the correctness of my procedure. Naturally I am unable to disclose the text of such opinion until it has been submitted to the Council, which trill be done on Monday when the Council meets for the purpose of Mr Vinnell making the statutory declaration on assuming office. "There are certain minor ambiguities, however, in the Act, which might well be made clearer,” continued Mr Kiilick, “and I am submitting a report thereon to the Council on Monday and it will be for the Council to decide whether it should submit the same to the executive of the Municipal Association with a view to the wording of the Act being amended, if it Is considered necessary, so as to remove completely any misapprehensions.”