HALSBURY’S. Laws of England FOURTH EDITION LORD HAILSHAM OF ST. MARYLEBONE Lord High Chancellor of Great Britain 1970-74 BUTTERWORTHS LONDON 1977Questioning Elections Paras, 903-008 being feed in evidence on the rcriminatory ese, and were not 30 offered, they might be alleged in he peton againet te subueguentcleron, i that ae, however, the recrmintory case had been opened and, thee of the charger ade int having fed, was abandoned before the lai the sea was abandoned. (vii) Scrutiny 924. Object of and provisions as to scrutiny generally. On. petition complaining fof an undue election, the petitioner may claim that the succesful candidate was not clected by a majority of lawful vores and demand a sceuiny*, The object of a scrutiny is to ascertain by striking off vores or adding votes which candidate had the majority of lavefal vouts?. The Representation of the People Act 1949 does not expresly sate that a serutiny may be demanded nor, if it can be demanded, the grounds on which vous allowed or disallowed at an clecion may be disallowed or alowed atthe scrutiny. That ‘Act does, however, provide for certain votes being struck off on a scrutiny for bribery, treating or undue influence, and contains a provision which contemplates, although it des not expel authori che rection of oes on a tn on he ground of the ‘voters being disqualified from voting’. There isalio statutory authority forthe inspection Eballoc paper forthe purpess of mn cecon petion®, leis alo provided tha, subject to the provisions of that Act ard che rules made under is, che principles and rales on which commitees of the House of Commons used t0 act swith regard toa scrutiny mast be observed, 50 far as may be, by the High Court and lection cout, and chat such principles and rules apply equally tall election petiions®. 1 Tat Case (6) 1 07M. BH 1812 186; York Coty, We Ri, Soe Dion, Cate Gite OM SB as aes 2 A sang ff ot sc para 936 5, por As thie Atala Secon in gras aaah) ws ar fo ele ve wh had bce wl Gli bt ovetoaked the cot to be coumtd: ce Tie newapen dated a Joly 197 Shine cena se Bane ad pr, note ae 3 Scribe Repreneeion ofthe People Ac oda, +4 and pee 97 oe 1 Stlbt oan ps, ys ame Aa moh ground on ich or may be jee on ‘Sty, cpt 36 fom 4 fre operon of nl papery se pr. 36 pe 4 Regen te rie e017) ena se ovo revo cntaned inbePaiamenary Beeson Act 186,438 (epee) and a 96, 925. History of scrutiny. To understand the scope of serutiniesit is necessary briefly to relate the previous law on this subject. Before the Reform Act of 1832! there was no system of registration for voters and the retaming officer from the very necesity ofthe ‘case was obliged to hold a scrutiny of he voters atthe time ofthe pol’, but commitices of the House of Commons subsequently considered the validity of votes given at the lection’, That Act established a register of voters! and restricted the inquiry at che time ‘of poling to the right of any person to vote tothe asking of three questions relating tothe identifying of the voter with the person named in the register, 10 whether that person had already voted and to whether he sill possessed the same cualification which had cnttled him to be registered’, The correctness ofthe register could be questioned afer the election on an election petition’. By the Paliainentary Voter’ Registration Act 1843 the register of voters was made conclusive evidence, forthe purpose of inquiry tthe time of pling, fe wes eaing tse uncon at wih which Be was regitered, and the inquiry Was restricted to the remaining two questions’, Owing toPara. 908 Val 18: Elections 2 Paragon Retlong doubts as to how fr the qualfatons of voters could be ingure into bya commince Seep aitee of Commons appointed to hear an election peation, the segiter of voters cea wo bc condanve evidence ofthe right to vote except when an objection bad TOMES faite the tevsing burizer appointed to revise the regter and he had arene decom and excep nee tere as athe time of wating che legal Bren nr aronesobveqsent wo retation of 4 legal incaacty under an Act of rar oviondedaing the powes of 7 Se ion dedaing the power of inquiry on the hearing ofan election petition swe he Ballot Acc which in fom provided tat every peso who wes zepeaed by the Ballot ht ed va be given Ello paper, alsough tis di not aa en si vote who was prehbied from voting by any taut or by the saan cata of Pasiament®. "The eect ofthis provision ofthe Ballo: Act 872" and Semen aT provson ofthe Patlamenary Votes’ Regitration Act 18433 0 the a ethene of poling ws bed to make the reper conlve a regu the aay cr and th election cout except inthe case af persons who were prohibited Fane oes his dd not mean person who from fare in he incidents or cements orn Panic could be succonfelly objected to om the revision ofthe register, bat cee en faom some inherent of forthe time being itemorable qality in them Pon ne cape sts of parlamentary electors eter by prohibition of satus o at deers pole Beamples of much persons were per, len, iniporsand persons holding core ess "The provisions of the Parliamentary Votes” Regitration Act 143! cr elct Act 1872" have been repeded and ate now replacdbysmlar provisions Pree eoroatation of the People Ace xp! Although there iso longer any dee Fa Pres grounds on which a vote may be stack off ona sratny, ts asumed Freon Con Court vould follow the principles previously established excep insofar as {he Ane taroeory provisions ato pesos ented to vot or diqalifid from voting she ee treet provisions! Accordingly it would appar thatthe vous of ec not cna to he regtered becute they dd nor have 2 resident oF 2 Perfor quiigeaon would not be quettoned on a seratiny®. 1 Le the Representation of the People Act 1833 epee. 4 Beield Cases Stowe» olf (ay) LR 9 CP 734. 3 Meena accra 4 sono fe Act 132, 3. 37-57 repel) 4 ibid 38 Gepeled 6 TAL 6 (epee, $ Patimentay Voeer Registration Act 843, =. 79-85 THoldct o0 (wpa), Ast hse grounds, ec New Sena + Hao (889) LR CP a ae creer wa placed onthe reper but was of fll age atte date oe pol was Bld $B uirtommine ofthc Howe of Comimens had no ight to queion the vote as objection bad ‘bes blore the revising barrier: ce Aylsury Case (2848) Pow R&D 82 9 Ra otsdre ftp ect ottons by election cours intra of by commits of Ine the Rcmmons had been abled by the Paamentary Bettons Act 1868 (mainly re HOD spd jeer wo eles of court ander that Ac the cout as requied to bierve the re, paces and rls on which thom commits wed fo ati delng with elewion Fron: 36 (epee). 10 Balle Ace 1875.7 (epee). 1 Le tidy 7 epee) TEE the Bekdmentany Vote? Repisraon Act 143,879 (epee). 1 Beesfeld Gace, Stowe» olf 187) Lug CP 734; Pree Boroughs Cse(901) 5 O°M &H035- 1 Pewreld Gs Stowe» Jlife Gr) LI 9 CP 34 14 Boureld Cs Sev Jlife 87s) LR 9 CP 734 London City Case (188) 47M. 8H 96 {to Olin Coe i) 1 OM AH gra x6 Sexson x500 Questioning Elections Pras. 925-027 17 Se moe 1p 1 SE agin oft People A p39 (amd pr 5a 19 Aso th gation of con cara ir dn facper snd hr ox which commit of the Howe of Commons we oat wi gud to say +337), td ta 20 Purified Ca, Siow » lif (84) LR 9 CE 134; New San Cat, Ryd» Hato (86) ENCE sh gh Ce ss) 5 08 & 35, 926. Votes by persons under legal incapacity to vote. It would appear that any person who, being subject toa legal incapacity to vote, votes at an eletion will have his ‘vote struck off on a scratiny®, Avot given by an alien may be struck off on a scratiny® In order to prove the validity ‘of a vote given by a person who states that he has now ceased > bean alien by having been naturalised, the certificate of his naturalistion or a certiied copy of it must be produced, and his own mere statement in evidence that he has been naturalised is in- suificient*, ‘A person not of voting age® on the date of the pol is not entitled to vore®. It would appear that, if sucha person votes, his vote may be struck off on a scrutiny’. 1 For the meaning of "ga ncapciy" se par. 407, note 5 ante 2 Representation ofthe People Act 1549, 39 (0) sc ao pata. 450, ante AS to legal incapacity to ‘Spey Bition Tower Hit, Cae, aaaoe Dsat s886) LT 6. Thi 3 von, Tower Fale, Case, Lauson v Dea (886) 54 is ee appease to ‘varae the dosbts expresed im Barwie Cas (80) 44 LT 249 39s view of Oldon Cat Gis) x OM tH ash ar, although de laser ae ws decid on diltane wording, Se soo fhe sving for rection on stutiny inthe Representation ofthe People Act 104, 39 (4, a8d ata 450 ae. 4 Fir, Covel Divison, Case (850) 4 O°M & 171 a8 17. Pesmably these piciple ‘would apply to a person who caimed to be a exizen of the Une Kingdom by vite of his Fegitraton ms chs Arto czy by regisraon oe by natalia, ema aoNEY tne ausovace, vl 4, pats grt ese 4 Les ighten years of over: sex are 40, ant. 6 See paras 407,408 ane. 1 See he saving fr ection on rat nthe Representation ofthe Pecpe Act 1945.39) nd ps 430 ante I sabe that Oldham i169) 1 O°M SH stato, when dace that minor who voted cond not have hs wot questioned on a petiion because no objection had been taken before the revising bacriter, wouldnt be flowed in view of the implcaon inthe Representation othe People Act 549, 394) hat such aot could be seuck off on erin cf Persfeld Case, Stour # Jolie) ERG CP 734, adie pat. 9s ane 927. Votes struck off for bribery, treating and undue influence. Where, on 2 parliamentary election pettion* claiming the seat for any persos, a candidate is proved t> have boon guilty by himself, or by any person on his belall of bribery, eating ot undue influence in respect of any person who voted atthe election, ane vote for every person who voted a the election and is proved 0 have been so bribed? treated or unduly influenced must, on scrutiny, be stuck off from the number of votes appearing to have been given to the candidate’. Its not for this purpose to go into the question ‘of how the person bribed had actually voted. If, however, on a scrutiny itis proved that, Slthough the voter eateted the poling ation and received a ballot paper he didnot vote but deliberately spoilt his ballot paper, the election court may order the ballot paper to be produced and examine ic and if ir appear that no vore asin fact given may refuse to strike offa vote on aserutiny® In a case of bribery it appears necessary to prove not only the giving of the bribe with a corrupt motive, but also thatthe person receiving the bribe acted corrupdy®xr-209 Vol. 15: Elections son 1 Although the Representation of the People Ac 949, s 137 (2), provides thatthe principles and ‘ules with regard toa sertiny apply equally to alelection pts, ‘his provision is subject to che Provisions ofthe Ac and che rls made under, and the specie teres ins. 44 (1) 0 pa Jentary election pettons mus, itis thought, exclude other ection peisons. 2 “So bred” means betbed by dhe eanduate or any peron on his behalf. Baton Boragh Case, Makoim v Pany (874) LR 9 CP 6x0 3 Representation ofthe People Act 1949, 144 (1). Theres no power to adda vote forthe candidate for whom the veer would have voted but for intimidation: Olam Case (reg) O'ML &H Ist 4 Boston Borough Case, Mao v Parry (x84) LR9 CP 60; Down Couty Cae (1880) 3 OM & #1 115, Wes Bromich Cas (ro1t) 6 OM. & H1 256 at 26; sc alo paa. 929, Nt 4, Pt. 45 West Bromwich Cue (2912) 6 O'M & Hage at 266 5 Boson Breugh Case, Malem v Pay (1874) LR9 CP 610 (Grove J doubting); Dewn County Case (48) 3 OM KH 15. Aso what constitutes ber, see par 767 ese ae. 928. Votes of persons guilty of personation and of persons impersonated. If any perion is guilty of peronstion, hit vote void and accardingy may be truck. off on 4 scrutiny!. If person whose name appears on the register proves that he has not voted at an election but a vote as been given in his name, the vore so given must be disallowed?, If, however, the person impersonated has voted on a tendereé ballot paper, then on 2 scrutiny the tendered ballot paper is substituted for the ballot paper originally issued® “The tndered ballos paper wil be comnted even ithe presiding eee ds not comply with all the sttutory provisions regarding tendered ballot gaper*; but, if the voter ‘commits a breach of the statutory provisions by putting the tendered ballot paper into the ballot box instead of handing it to the presiding officer, the vore will noe be counted®, ‘A vote recorded by one person in the name of another who is on the register will be struck off whether the actual offence of personaton is eommited or not’ If, however, a voter was entered on the register under a wrong name and he, having a right to vote, voted in that wrong name, the vote is good? 1 Representation ofthe People Act 1945, 144 (2). Resonation ta crupt practic: se pat. so, a: Bsary, Contra Divo, Case (2893) 4 O°M HL x7 at 175; and se Gloucester Brogh Case (sn) 20M &H sacs 4 Aso cendered ballot papers, separa. dog ante 4 See Cireneter Cae (180) a ced in Day 48, where the fst voter hl wed the ballot paper ofthe 2econd trough an err of the polling clerk: Both votes were allowed, however the cour Sing {havi dhe respondent oihed to srk off the fst vote should have beer inlided in the pare alan of votes objected to, If the presiding offer had eroncousy marked the regiterthiskng atthe voter had previously voted, bu atthe seruny es proved tat net nobody hd word inthe name ofthe pron who voted on th endered allot paper, thetendered blot paper willbe ‘lowed witout a vote bing struck of Dero Ca, Milan + Fane (140) a4 LY 309 34290, 4 Supacy Divisio, Tower Halts, Cas, nas » Dara (186) a teprtd ing OM CHL 34a be & York Canty, Eau Bing. Buckie Dison, Cte (180) 4M &H 0 281. 4 Barack Cas, McLaren v Home (1880) 44 L128 3 290; Olan Case (6s) OM & H rst at 53, 1 Oita Case (165) 1 OFM ae Hosta 152; Bret Cae (012) 6 OM & H 228 at 235; Aone Borogh Cave (1880) 3M aH 57359. 929. Votes struck off for corrupt and illegal practices. I ny person who is guilty fa corrupt! or illegal? practice or of legal payment, employment or hiring? at an lection votes atthe election, his vores voidS, and aecoedingly may be suck off on 8 seratny. any person who is subject, under any enactment relating to coreupt or illegal patos, fan incapacity to vote sta paamentary election oran cleion to any public305 Questioning Eletions Pers 22, 90 oft wpe a hat ces, hk voi oi? and ecodingly maybe ack off on 1 Aso prasies which ate con, sc par. 2 ito sc whch saps ee 3 Asto legal payment coployonens and hrs ssp, 69, ane 4 The vtec of tin ofthe particle prot oho guy sd for th purpose there most be inspecsion ofthe blot popes: He Bromich Cae.) 6 OM ed ay at 7. ce aso pare gi, ante Before the Balle Act 1872s. 25 Cope, andthe Corvant and legal Praeses Prevention Act 1883, ». 36 fepeied), which were the prdecewor ofthe Representation ofthe People Act 4p, 144 (0), the vote of the pomon bred and tat of te ron bibing were both suck ofc Southampton Cae (1869) 1 OM Hl aaa ang and ace the noes to 8 ve Cu apps) 3 Dong Bl Car ora 6 «5 Repeeetation ofthe Peopie Act {949,144 (2). Att king off for pension, which sa coupe practi sepa 936, ane. 6 Forte meaning of pu eee se pr. 804 noes, ane 7 Representation of the People Act 549,144 (3, As neapacis for voting, se pra. og, ante 8 teisdeubtulf counsel may be ard on bebalf of voters whose votes ae uk esi Bang Cue, Main v Pary (1878) LR 9 CP Sto 38 tg 930. Votes given to « disqualified candidate. Votes given fora candidate who i Alsgualiged! may in certain arcomance be regarded as not given arall or thrown away, 10 decide chia sertiny ie not nooenary’s The diguaifeaton mast be founded oh fome postive and definite fcr exiting and cxablthed atthe time of the pl so asco lead wo the fi inference of will pervenenese onthe prt ofthe cetors voting for the paid peso Example of evr of baton ht wll ae vet be thrown away ate beng + per allen or minor, ora prion convicted ofan offence and teotenced to aterm of imprisonment exceeding ewave months and sll serving the sentence’, For the vores given fora candidate tobe thrown away, the voters must, before ‘voting, either have had or be deemed to have had notice of the fats creating the can- diate’ disqualification, and it snot necesaryto show thatthe cledor was aware of the legal rene tha such ct entailed disqualification. Voes given without such notice are good? I afer deducting the vots given afer such notice from ‘he toa number of ots piven forthe dnquliied candidate, he remains in majsiy, the minority cand Aste cannot take che seat and there mutt bea fies clecton® 1 Asso disqualification fom being a candidate, se ramsaaae; Locat covemauae, 2 Fermanagh and South Tyrone Diotion, Cs (195s) ced in 105 Lo sp, The court pointed out that she Pantry Ens le 376) prov: ps 95 pon) pressed sn the vent of erty. 43 Clthese Bough (Ne 2) Cae (1853) 2 Pow R. & D 276; Lamon Cae, Dritr + Deskin (i874) ER 9 CP 6a6: Gaslng » Vekey (847) 7 QB 4a; revi. on another point 1853) 4 HE Cas 79; Clalge Eve (at) B ac Ald 4 baal South Eas Parone Elecion 1964] 2 QB 257 [96t}3 AER 354, DC. 5 Launcaton Case, Drnketerv Deki (1874) ER CP 6a; Tipperary Canty Ca s¥79) 3 OM. & 11g at 42-49; Trewh v Nolan 1872) TR 6 CL 464: Rrmanagh ond Sots Tyrone Dion Ce (G953 ted 105 Jo soa; hb-Uler Disson Cae (aps) Tne, th sob, 6 Re Brisa! Souh Ext, Partanetary Elon (3964) 2 QD 257, (1961) 3 All EX 354, DC; Re Laneion Cue, Diskin» Dean ty) Le 9 CP 6s; Beer Hae Lady Sania) 2 QBD 7, CA: Rv Beer (86) SLT Gey: Cat Eaton Divinon, Ce (098) 6O'M fH 08 ‘id-Uiner Divison Cae (935) Times, Bh October; Femara ad Souk Tyre Divisen Case (1955) ete in 105 LJo 394 fs Re Bra! Sou Ean, Parhanentay Eicon, ape, as bl, see ala, that where de ies which give rset he neapacty or daqoaistion by tats of candidate ‘xin and are made known to he clecorat before tei ots ae cass andthe voter re abo made fare thatthe legal conequeace of those fate might be dagalifcaton, vos given ch 4 Glndidate ae piven a dhe lector per, and, where dsguaiicaion in wis esblhed, sich890-088 Vol 15: Elections 06 {yo ac thrown sway and are nl nd vod the cout being bound decate hat the candida Tbr whom he nxt igh numberof oes was cat has fet uly eee Ser ao Car» Ambre (C850) LIC sp at 08; DC, Eiherngon» TPson brs) LR 30 Bae se 6x8 ted with spproval O'R Bes Sous Ea, Plame Elton, napa, 293 ands 976 Ever cas spat CO ‘ndkate that, where the diquteaton not neorious td depends oa legal argument oo ‘omlcted cts vote piven fr anda (ees though he mip be wneud by ren of ‘Eegalifcation) woud hos be crown sway s0 fo ge te sate te anda with ie next tis number of wots: sceSbndon Co (779) og B Caio; mye Ce (8g) Cob &D 535 Chalenhan so. 2) Case 080) 1 Pow &D 2343 Chee Bergh (Ne 3) Case (833) 2 Pow ED a6; notes to St Toes Case (1779) 2 Doug H Cas 3pr at 45nd the noe to Rant Cae (G80) x eck 96; bate, Wakefeld Case (8a) Bar Be Ase 270 at 317 Bef Cae (38) a & {it 9s; Cor Cu 859) Kn & Omb 274; Taito Borugh Cus (855) Bow R&D 3: Hersham Send Cae (2848) # Pow R&D 24020338; Leinster Cas (0819) Cob &D 1, Fora dcason oferty cas se the notes to Leominer Cave, supra Expren ote of diguaicaion i amore Stvaraly given: see prs 73, ane 1 Fermanagh end South Tyrone Division Cus (1953) ced in 105 L Jo 3 Reims (1058) 7 Ad 881 960; and ck Brown v Be 288) 33 JP 67, DC; and Boye v White (Goo) 92 LE an DC. 9 Rv Big (1813) 1 M& S76; Hobby Morey [904] x KB 74, DC; and see Hain» (813) 2 Dow 134, HE 931. Votes improperly recorded. A scrutiny may be demanded on the ground that votes at the count have been improperly accepted or rejected, 1 Re South Nevingion, Kngson-xpo-Hul, Manipal Een Peton Leis » Shapperdon (2048) SVAIVER 03. Ast the count, ex pus 628 cS. ante. 32. Scrotiny and recriminatory case. Where the election pion makes charges of orrpe ox legal practices and rectminatory evidence i ofeted, the practice take the rectiminatory case before the scruiny® The reson i that both de ptiioner and ponds te guid woul es was fete og ia uy. Whe oweves the peston ony cans th sexe without alleging snycopeo legal practies fn the respondent’ pat, he practice has ban to take the cin Sr 1 Aso recriminstory evidence, 20 para 923, ae 23 York Coy, Wea ding, Suthers Divison, Case 1860) x OM & Haxg at 214; Southampton Case (0865) 2 OFM & HL aaa 25 Nowlin Case (186) 1 O'M eH 267, 43 Sleptey Divison, Tower Hales, Case, san v Durant (1880) as teprtd in 4 07M ac H.34 at 35; York County Eat Riding, Buclroe Divtion, Cut 2886) 4 O°M dH aco; Faubury, Central Dison, Gar (e893) 4 OPM ACH a7 2172; Exser Cae (2998) 6 O'M 8 aa8 at 235; Peterfeld Cae (Ging) 2 O'M &e Hog at 057 St Georg’s Ditton, Tower Hamlets, Ca 1896) § OM 8 H8. 933. Who may demand a scrutiny. A respondent whose election is proved 0 be ‘void may still continue the scrutiny withthe abject of showing thatthe person for whom the seat is claimed has not obtained a majorcy of laveul votes. Similarly, if petitioner wed on the hearing of an election petition not to be qualified for election, he may still proceed with the scrutiny in order to shove that the respendent had not received a aajorty of lawfal votes and so was not duly clected?. 1 Nonvith Cae (865) 19 LT 61s a 60,62, per Martin B. 2 Souhampton Case (1860) 1 OPM ae Hi 222 a 225, 226, per Wiles]; York County West Riding ‘Seutem Divison, Case (1865) 1 O'M ac Harp at 215,216, per Matin By Tanon Case (1869) POM & Hi t81 at tho. Apparently, sk, ia respondent feo the principal ese and socceeds ‘onthe rcriminatory case to which separa 9a, at), be may sl proceed with the scrutiny: Southampton Cae supra, at 235 226, per Wille J. ft | j | | |sor Questioning Elctons Paras. 934, 905, 934. List of objections to votes. Where the petition claims a seat or ofice for an ‘unsuccessful candidate on the ground that he had a majority of lawful votes, every party ‘ust, not less than seven days before che day fixed for the eal ila lit ofthe votes ‘which he contends were wrongly admitted or rejected, stating in spect ofeach such vote the grounds for his contention, and serve a copy of thelist on every other party and on the Director of Public Proseeutions®. Any party to the petition may inspect and obtain an office copy of any list 0 filed®, Except by leave ofthe election court, no evidence may. be gven By a party agin the misono een of any wots, oo any ground of ‘contention, which is not specified in a lis filed by him’. x These must be ledin the eletion petitions fice: Fleton Ption Res 1960, 1960.No. $43, 1. (). For the meaning of lection petitions oe”, er para. fas, nce 3 tte 2 Ibid, 10(0), Fora form of is of votes wrongly admitted or rected se 18 Court Forme “Edn 204, Farm 2. Arto the court's power 9 extend the time within with the lst rast be filed Sand copis served, eth Hleion Pelion Rales 1960, .19 (1); RSC Ord 5, $; and ACTICR 3 Hledon Petition Rules 1960, x. 10) 4 Ibid, £104) 935. Particulars on a scrutiny. Where a petitioner claims the at for an unsuecesfal candidate alleging that he had & majority of lawful votes, the court has no jurisdiction to order any particulars except thoie specified", Where, however, a petition contains allegations upon which cans to have the clecon invalidated ard gots on, further, to request a serutiny and to claim the sea, the ordinary particulars may be ordered ast the former par ofthe petition, while as othe attr part of ino farther parclars than those contained in the kee of objections to votes! may be ordered. Sirdar particulars are ordered of votes which ae sought tobe added”, Where no list ofthe vost to which is {tended to take objection has feen delivered within the time specified, the court has no power tallow evidence ofthe votes objected to or of the objections co them tobe given he eal — . A party to scrutiny is bound by his pavculas?, He may not tack votes stout in the cher peroys parc which ae nor set out in bis Own pariculry aad ih the abjecion vo which che other party does not proceed”. Leave ta give evidence as to chose ‘ores may, however, be given by the court on good grounds beg shown by afidevie, the court malcing such terms a i thins right vo meet such ease. 1 Mane» Bao 183) 1 QB x13, DC: Fares» Beresord[858} x QB 495, CA 3 Ao he ordering of parca nthe ca of thee ens part 87659, an 5 ‘Aston ont pect 34 an 4 Mame alr (el) x QB B35, DC. Se sho Elkin» Ondow 1868) 16 8, where the claim ‘var for ssn, andthe pion so prayed tha the ction mgt be ded al and ved 2d sha the seat hold be given to he fedsoner, onthe responds sppiaton for pss ‘fal as on whi the pettoner would rey for the pupos fread the decson nl nd ‘oid, bur which di nt Come within the prtcaan Sdvecble under te Patiamentary Elec Pecon Roles, 17 (opal snd seplaced by the Elion Potion Res, 190 Nose, os as ps 934 ste an ode fo he Slery of ich patty wie hades ce as Gicngusted fom hae of Mam + Bali, opr, by Lod Coleage Ca his judgment in ae later, onthe ground thar though Ge cnn the Gullord psc at Ci, spa) ‘war fora sri ny Sas payed tha iin te couse ofthe sty anything sald tan oat “which ilnown previo would have meadsted he etion te ccna hob nets, Honan C4) 20 L¥ 1b: Fury Case (1952) sce a Day 16 est Ca (099) 3 ‘hed Day 16 ln Harsha Capa, particle of ich votes wee ordered fo be given tse Sips before the tal 6 Nel Baty 7) LR 9 CP 106 4 Pash, Contra Divon, Case (92) 4 OM & Haye atx 174Para, $96 Val 15: Elections soe 4936. Inspection of ballot papers, An order forthe inspection or production of any rejected ballot papers relting to paciamentary eecsion in the cstody of the Cle of the Crown! of of any rejected ballor papers, saclading balle: papers rejected in par, relating to an clecon under the Local Government Act 1972! or pall consequent on 4 parh or community mesting, or forthe opening of a sealed racket of counteroi and Exrfcats at to employment on duty on the day ofthe poll or for the inspection of Counted ballot papers may be made follows, and no one i alowed to inspect any ‘ejected or counted Fallot papers in poxesion ofthe Cesk ofthe Grown ot the propet ‘ficer of th pproprite loaf author's the ese maybe or open any sealed parks ‘of counterfis and certificates, otherwite than in accordance with soch an order In the ease ofpalamentary decons the ordex may be made by the Howe of Com mons or, if satiked by evidence on ont thatthe order isresured forthe purpose of institutng of maintaining a prosecution for an offence in elation to ballot papet or for the purposc of an lection pettion, bythe High Court ora county cour. An order for the opening ofa sealed packer of couterols nd certificates ox forthe inspection of any hunted ballot papers may also be made by an election cour’- Inthe cate ofan election tinder the Local Government Act 1972 or x poll consequent of a parish or community Inceting, the order may be made by either a county cout oranclection cour if the court B sated by evidence on cath thatthe order required forthe porpose of insisting fcamantaning» prosecution fran offence in elagon o ballot papers or for the purpose ‘Fan ection ptton®. ‘The order may be made subject osoch condition to persons, time, pace and mode of inspection, production or opening as the Howse of Common or the court making the fordet as the ese may be, may thik expedien?. In the case of an election under the {Local Government Act 1972 oF a poll consequent ona parish or community meting, thc ay de he opr oe ot prorat ary Meg oy ciel open deol ples of teal td arc ein tes intact for suc peiod as may be specfed inthe order, In making and crying aro effet the order care most be tke thatthe way in which the wore of un par lector has been given sno dsdowed unlit has ben proved tat his vous was given and thatthe wots kar bec declared by a competent cout to be iva, This rejuerent Geerno py bowser ane flopper eect plang decom Tr woull appear tat on order may be have forthe inspection of tendered ballot pops as the court fas an ineret juredicon o onder hipection of balloe papers Eabepe where it is otherwise provided by tatte™ Strong grounds for taking an order nat be shown, andthe cout mast be sted thatthe application for is made in good faith, and wil rarely, ifever, grant it nles a pttion or prosecution has been insted ors abou to be nstiuted! ind itis shown to Ere required ‘The power given to a county court and the High Court to make an order may be cred yay ud the con ori opm "The proper mathod of seking such inspertion s by application to the court ort a judge chambers fora rule or onder’. An application to coun cour¢ mst be made by rigiatng aplication", An appel lis vo the High Cour fom an order of cout "The parties may be allowed to make copiesof ballot papes which, on a re-count, have been rservel forthe court's conden, 1 Atto the etenton of documents by the Clerk of che Crown, see pa. 634 ant. Sa alo te 10, ine 1 For the meaning of “section under the Local Goveenment Ac 1972", separa. 825, ante0 Questioning Elections se, 987 3 sto these certificate, separ 59, ante 4 For the meaning of "rope fico the appropriate local author” for this purpose, ee prs 655, not tan 4 Parlamentiy Eletons Rules, 57 (6) (a to ths uly, se par. 9, a); Local Hetions (@ricpal Areas) Rules 1973, Si 1973 No. 7, Sch. 50 Q) Last Hecuons aches ad Communities) Raes 1973, 8 gm Now gto, Se tt 48 (); Paes and Commons ‘Meetings Pol) Rak 973, S 1973 No, rn Schedule, $8 6 Panay Meson fa 70. 4 Iida 37 8 Local Hections (rncpl Areas) Rules 173, Sch. 0) Local leone (Pass and Com snitis) Rules 97), Sch t48 ()y Bash aod Community Mess (Poll) Rls 9%, Sched x38 (0), Dereon of day m counting ball papers van clent in elation to baat ores! MWh v Plater 1570} QB sok (969) x AUER 17, De 9 BatiamentaryHlection ke, 57); Lael Basions (Princ ea) Roles 1973, Se 2 £50 (Local Hetons Parsee and Communit) Rule 1p7 Sh yr 48 Pah aad Gommanity Mecngs (Poli) Rakes 973, Schedule 38 0) 10 Local Becons (sine Area) Bue 1973, Sh £396), Loca Eleaion (Pres and Com one) Reks 197), Sch. 48 (), ath and Community Metngs (Pal) Rules 1973 Sched, x 38 (4) provn: Ths dty Of the Cesk of te Crown fo ruin desumers tang paflamentary elec for one year td hen to estoy therm rj ny ode of the Howe ‘8 Commons ora he High Cont creing oteewi (ne pa 5a at) an the day of he ape tie Fes en hg co ea acne Ac a “enseuent on Pui orcomunantymesingy for so months anda to desaoy lcs ‘ani abjce oom ond of te court acu ocr poe £35 tt) 1 Parliamentary Elections Rees, 37) provio: Local Eleaiont (Pical Are) Rees 1975 Sah. 2,1 2) prov: Loa lessons arte ad Commune) Iles 157 Sch 18-48 [rovo: Barth tnd Common Mestings (Pols) us 7s, Schedule =. 38 (3 prov ss E'S Patlamentny Hectons Rules 185 () proviso. 15 StAndvas Cae (880) 4M eH so be 9 teadred allo papers se ps2 te 1 Set the jaa fH} a Ped Co See» Jali LR 9 CP a The Rep Tevntaton ofthe People Act p49 sents ete spe of tender ballot py 1 In Re Lenahe, Dein Divison, Case (cs) 8 TLIC a0, DC. the court etre to allow an Stapecion ofthe ale paper in he absence o's peton, and doubted whet it had juscton to'rake such an order uns on a peony but CE MelWhier» later r970] 1 QD so, 90} AIIER rj, DC. where sn order wns made beer the sation ofs porceyor on ie prowed thatthe offenders and the nature of offences could not be ascertained ati fhe ballot papers bd been Snepcted: Where such an oret has boon made the court he tal of anindcanene or anon respecting the balloe papers may alow inspection of them se Rv Beal (90) 1 QDD a2, GERRY Gunen ge] 2 13, 16 Re Lanai, Dawts Dinsion, Cae (2885) TLR 220, DC, cited in note 15, supe; and ee Be Bera 1899.1 QBD 433, CCR: » Quin (908) a1 35, Pasiamenary Hectens Ra 57 (5); Loc econ sini Ai) Rules 197, Sch. 2x50 (@; Lol Becions rer and Commoniten Ree fon, Sch ro )s Poss and Cone anity Mesings (all Ra 973, Seda 38) 18 To doo by way of spleation fra mandanhs tthe Clerk ofthe Crown isnot pope: at Silt Cas, Swe» Jolie 1) ER9 CP 446 439, por Denon | 19 CCR Ord. 6. 4) and ser cory cov, vl to, para. #75 Fora form of pplication to he out court nd fm of ordrby tht course 18 Cout Fors dB) zosaoa Fora 3, . 20 Padliameotary Elesons Rules, s.$7 (): Local Hlections (Principal Ars) Rules 1973, Sch. 2, +. 50 (3); Loal Elections (Pardes and Communiis) Rules 1973, Seb 1, x. 48 (3); Pah and ‘Gommuniey Meedngs (Pal) Rales 1973, Schedsle, x 38). 21 inary Case (692) a5 ced in Day 19; Cenc Cae 1853) a ced ia Day 10 937. Bvidence of vote. The production from proper custody of atallor paper pur~ porting toave boen sed at any elction or inthe case ofa pll consequent on »paish ‘r cominuniky meeting, purporting to have been wed at any poll and of » comer marked withthe sae pamted number and having 2 ube naked on itn wting, 8 prima fai evidence thatthe elector whose vote was given by tha allt paper wa heParas, 997-040 Vol, 15: Elections s10 person who, a the time of the election or pol, had afixed to his name in the register of Eeetors the sme number 2 that wren on the countrfl. 1 Pariamentary Elections Rules. $7 (9) t0 thee ules, see para, oo, ante); Local Hlections @rincipal Arex) Rides 1973, Si. 1973 No. 75, Sch. 2, t 50); Zea Elections (Parishes and Communities) Roles rors, Si 1973 No. x9t0, Sele, = 4 (0); Path and Community Meesings oll Ras 1075, SL. 1993 No. 1913, Schedule, = 38 (6) 938, Equality of votes. It appears chat there an equa of vores been any ‘andidates atthe eccson and that he anon of vote woul any of thee cand Gites tobe delted eles, any deciion by 2 resuming ofr tthe eedon, insofar Sst determines the question beter thse Candidates, effete so forthe purposes the pein’ Insofar as that qusion not determined by sich ade, the cour tmust decide been them by lov and proved 8 ifthe one on whom he lot then fl had received an additional vote*. x ation ofthe People Act 1949, 123 (6) (9). As tothe deion by lot by the returning, rn de eat of equality of votes 0 pars 640, ae. a Tis 5122 (0, Fors devison by lt by the court see Levers» Moris 2973] 1 QB 23, [3973] PAIL ER 1300, DC. 939. Effect of judge’ disagreement. Ifon a parliamentary dection petition the judges onsating the cout differ sto whethera vote should be added, ts nor added hey differ asco whether a vote should be struck of, it isnot stack of 1 Bonwit-on-Toeed Case (r880) OM de H 178 a 183 2 Stepney Dvtion, Tower Hamlet, Cate, lncon» Dara (2886 as eported in 4 7M &cH 34.340. (viii) Recount 940. Application for re-count. A petition which asks for s recount and claims the feat isa good petition even if it aks for nothing more. The usual practice is for an application fora recount to be made by summons toa judge onthe rota forthe tril of| parliamentary cleetion petitions before the trial on an afidavit showing the grounds on ‘hich the apleion be? A recount not gamed as fright, bt on eviesof rounds for believing that there has been a mistake on the part of the returning fie Whee ace more than two candidates for moe than one fest ais pton presented against on, claiming 2s against him a re-count and seat, i is not necessary for the petitioner to daim a general re-count, that sas regards the other candidate or candi- dates as well; on the re-count agaist the respondent resulting inthe petitioner’ favour, hhe becomes entitled tothe respondent's eat 1 See paras. 822, Sg, ante; and Day's Hlction Cases 4. 2 As to the manner of making inclocstory spplcaions, sce pars. 871, 872, ante, and Days ‘lection Cases 16 In Spey Divon, Tower Holts, Cat, lean » Dara (1488) reposted in 401M 8eH1343t, however, the application wat not made un he ial. Fora form of summons fora order fora fe-count see 18 Court Forns (nd Edn) 19, For 36 5 Stemey Division, Tower Hats, Cae, acon » Durant (0886) reported in 4 OM. &e H 34 2¢ oust Fora form oferder, ee 18 Coart Fora and Eda) 293, Form 27 4 Ltd Monkaoell» Thomo [1808] x QD 479 (a msanicipal een ce eis not cleat wheter in sich a cases open to the respondent, exeap by pession aguns the other succesfal candidate otan Questioning Elections P 40-042 candidates to lim are-count against him othe, Sethe dgments of awn nd Cann J} iar nul Thomo pa a abe a of fe onde 1 dos, on the ground tha it would be a quctionng of the dection or tara of och Edidate o candidates and vo could ely be eeced by peion 941. Procedure for re-count. If an application for a re-count is granted, the ustal practice is to order the re-count to be taken before the tril by an oficer appointed forthe Purpose, The order dieing i generally directa tio be taken atthe Royal Courts of Jutice®. The respondent's ballot papers are counted by the petitioner and are then handed to the respondent be checked by bi, and thot fo th eon are similaty dealt with by the respondent. Ifany are disputed, the officer’ opinion is sometimes asked and given, and if any paper remains disputed by ether party, the oficer reserves it forthe decision of the election court, setting it out in his eport. After the counted ballot papers have been thus disposed of, the rejected balloe papers are deat with inthe same Way. 1 Hii Case (1893) 40M. & H1205; but see note, inf. The eficer pointed is normally the Senior Maer. 2 See the form of order in 18 Court Forms (and Edn) 193, Form 27. This ithe wl practice, bata Stepney Division, Tower Hawiets, Case, Lesaoa + Daron (1886) reported in 4 OM SH 34a st, ‘Densnas J himself couned the ballot papers, the pares desing that he might do son onder save tim and expense, but he sated chat this war not t be a precedent In Renew Covnty Case (7) 20°M SH 15, the r-coont took place in cpen come ) Special Case 942. Reference of question of law, Ifit appears othe clection eure onthe teal of election petition, that any question of law a5 othe admissibility of evidence or otherwite requires further consideration by the High Court, th election court may postpone the gang of ceria uni he question as een etemined bythe High Cor and this purpose may reserve the question by stating cat forthe decision of the High Court "The ease herd by 3 Divisional Cour ‘The election court will not reserve a point about which the cour entertains no doubt, even though application is made o reserve it’ ‘A point of law may not be reserved unles i is one which would affect the whole result of the tial ofthe petition’ 1 La. a cerifcate of dtermination onthe petition: se paras. 943, 946, post. 2 Representation of the People Act 949, 5.126 (2). The prevnws procure dcuscd by Bramwell] In Brisol Cae (7) 2 OFM 81127239 hasbeen sapencded by ths macemene ‘The aplcs- tion to reserve a question should be made before the guetion is ected: Linoney Ciy Case (Gite, £O°M aH 96 at Yep. Where the eleeon court dedes post he fac of is Sing a €kiclé one doesnot make ira acessary practice at should onthe piston of one ofthe fat, serve it fr the divisional course Couto, Thombory Daim, Eton Ptin, ‘Ader’ Howard (186) 16 QDD 730 at 4, per Lord Calecdge Cl In an Inch case where the Judge had given thle decison on pont bufre the splation to eave twas mae, they Tefted the application on tat ground, and abo onthe round tat one of them war a member of the Gour of Common Pas which would vs had to determin the pint i cacy endo dry City Cae, nape, 105 por "Ben. Ia Droid Borough Cue 67) 2 OM & Hao ‘where a point had been sated tothe Ish Court of Camnmon Pes, wich was equally divided {ni Dany J, who had ted the peti, dsined to sy that he wa id that loon ws ‘oid and gave judgment forthe espondet, allowing what was i by Marin B in isadgmeat jn Werington Cas (rg) 1 O°M eH 42 at 44 ee para 897, note ty ant) In the Brel Ce (c870)4 OM & H 27 Bramwell B, in ceria point of lw, gave leave to cuntel to make fo him at chambers any suggessons which they might thik fit upon the exe before it should be