LOCAL GOVERNMENT ACT 1995 - SECT 4.81

LOCAL GOVERNMENT ACT 1995 - SECT 4.81

4.81 .         Complaints to go to Court of Disputed Returns

        (1)         An invalidity complaint is to be made to a Court of Disputed Returns, constituted by a magistrate, but can only be made within 28 days after notice is given of the result of the election.

        (2)         Regulations may provide for the way in which an invalidity complaint can be made to a Court of Disputed Returns, the way in which the court can deal with it and the declarations and orders that the court can make.

        (3)         If the court declares the election to have been invalid —

            (a)         the election is null and void; and

            (b)         any office of member filled at the election is vacant; and

            (ba)         any declaration made under Schedule 4.1A clause 19 or Schedule 4.1B clause 1(5) by the returning officer is of no effect; and

            (bb)         any office of member filled under Schedule 4.1A or 4.1B by a candidate in the election is vacant; and

            (c)         the court is to fix a day for holding any poll needed for a fresh election; and

            (d)         the returning officer is to prepare for, conduct and ascertain and declare the result of the fresh election.

        (4)         If the court declares that a person ( candidate A ) ought to have been elected in place of another person ( candidate B ) —

            (a)         candidate B is not to act as a member of the council; and

            (b)         candidate A is to be regarded as having been elected; and

            (c)         notice of candidate A’s election is to be published in accordance with regulations.

        (5)         If the court declares that a declaration under Schedule 4.1A clause 19 or Schedule 4.1B clause 1(5) (the original declaration ) should be changed —

            (a)         the court may make a declaration to replace the original declaration; and

            (b)         if the court makes a declaration under paragraph (a), the declaration —

                  (i)         is to be regarded as a declaration under Schedule 4.1A clause 19 or Schedule 4.1B clause 1(5) (as the case requires); and

                  (ii)         must be published in accordance with regulations;

                and

            (c)         the court may otherwise make any orders that the court thinks fit, including (without limitation) any of the following —

                  (i)         an order that a person who has been elected to the council under Schedule 4.1A or 4.1B is not to act as a member of the council;

                  (ii)         an order that a person is to be regarded as having been elected to the council under Schedule 4.1A or 4.1B;

                  (iii)         an order that Schedule 4.1A or 4.1B be applied or reapplied, with any modifications specified in the order, in relation to a vacancy.

        [Section 4.81 amended: No. 11 of 2023 s. 54.]