Western Australian Consolidated Acts Western Australian Consolidated Acts When a person declared
elected or appointed to an office under this Act has been elected or appointed
unduly or contrary to the provisions of this Act, or a person who is incapable
under the provisions of this Act of holding or continuing to hold such office
has been elected or appointed to or holds or exercises such office, the
Supreme Court or a Judge thereof may, upon the application of a ratepayer,
grant a rule or order calling upon that person to show cause why he should not
be ousted from office.
Provided that the
applicant shall, before making the application, pay into Court the sum of $40
as security for costs, to abide the event of the application.
If, upon the return of
the rule or order, it appears to the Court or Judge that the person elected or
appointed or holding or exercising the office was elected or appointed unduly
or contrary to this Act, or was at the time of his election or appointment, or
while holding or exercising his office, incapable under the provisions of this
Act of holding or continuing to hold the office, the Court or Judge may make
the rule or order absolute, or, if the matter does not so appear, may
discharge the rule or order, and in either case with or without costs.
The person against
whom any such rule or order is made absolute shall be deemed thereby to be
ousted from office accordingly.
If it appears to the
Court or Judge that some other person was duly elected to the office, the
Court or Judge may declare such person to have been duly elected, and he shall
thereupon be deemed to have been duly elected to the office at the time at
which the person ousted was declared to have been elected:
Provided that no such
rule or order for ousting any person as having been elected or appointed
unduly or contrary to the provisions of this Act shall be granted unless the
application is made before the expiration of 4 months from the
declaration of the result of the election at which such person was elected, or
the notification of his appointment, as the case may be.
[Section 12 amended by No. 113 of 1965
s. 8.]
Proceedings of water boards