Green v Hannah-Wood & Anor (Re Representation of the People Act 1983) [2023] EWHC 2034 (KB) (03 August 2023)

Green v Hannah-Wood & Anor (Re Representation of the People Act 1983) [2023] EWHC 2034 (KB) (03 August 2023)

The resignation of a candidate wrongly declared elected does not frustrate the relief sought in an election petition. The court is required to proceed with the petition and determine both whether the person whose election is questioned was duly elected and whether any other person was duly elected, regardless of resignation. The statutory process for filling a casual vacancy is suspended until the petition is determined.

Citation
[2023] EWHC 2034 (KB)
Parties
Petitioner: Julie Green; First Respondent: Patricia Josephine Hannah-Wood; Second Respondent: Rose Rouse
Jurisdiction
England and Wales
Judgment Date
03 August 2023
Procedural Posture
Election Petition / Determination of Special Case Following Resignation of Declared Winner
Outcome
Petition succeeds in principle; resignation does not frustrate relief; court to determine who was duly elected.
Legal Topics
Election Petitions, Effect of Resignation on Election Challenge, Statutory Interpretation, Local Government Elections, Procedural Law
Election Law Administrative Law Local Government Law Election Petitions Effect of Resignation on Election Challenge Statutory Interpretation Local Government Elections Procedural Law

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Parties

Julie Green

Petitioner

Patricia Josephine Hannah-Wood

First Respondent

Rose Rouse

Second Respondent

Procedural Posture

Election Petition / Determination of Special Case Following Resignation of Declared Winner

Legal Issues

  1. 1 Does the resignation of a wrongly declared elected candidate frustrate or preclude the relief sought in an election petition?
  2. 2 Is the court empowered to determine who was duly elected after such resignation?

Ratio Decidendi

The resignation of a candidate wrongly declared elected does not frustrate the relief sought in an election petition. The court is required to proceed with the petition and determine both whether the person whose election is questioned was duly elected and whether any other person was duly elected, regardless of resignation. The statutory process for filling a casual vacancy is suspended until the petition is determined.

Court Disposition

Petition succeeds in principle; resignation does not frustrate relief; court to determine who was duly elected.

Orders

  • Special case stated and determined: resignation does not preclude relief; court to determine that Ms Hannah-Wood was not duly elected and Ms Green was duly elected.