Julie Green v Patricia Josephine Hannah-Wood & Anor

Julie Green v Patricia Josephine Hannah-Wood & Anor

The resignation of the person 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 any resignation or subsequent process to fill the vacancy.

Parties
Petitioner: Julie Green; First Respondent: Patricia Josephine Hannah-Wood; Second Respondent: Rose Rouse
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Election Petition / Judgment on Special Case After Application for Summary Judgment and Procedural Dispute
Outcome
Petition proceeds; resignation does not frustrate relief; court to determine who was duly elected
Legal Topics
Election Petitions, Effect of Resignation on Election Petitions, Statutory Interpretation, Local Council Elections
Election Law Local Government Law Election Petitions Effect of Resignation on Election Petitions Statutory Interpretation Local Council Elections

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Parties

Julie Green

Petitioner

Patricia Josephine Hannah-Wood

First Respondent

Rose Rouse

Second Respondent

Procedural Posture

Election Petition / Judgment on Special Case After Application for Summary Judgment and Procedural Dispute

Legal Issues

  1. 1 Whether the resignation of the declared winner frustrates the relief sought in an election petition
  2. 2 Whether the court can determine who was duly elected after the declared winner resigns
  3. 3 Interaction between Representation of the People Act 1983 and Local Government Act 1972 regarding election challenges

Ratio Decidendi

The resignation of the person 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 any resignation or subsequent process to fill the vacancy.

Court Disposition

Petition proceeds; resignation does not frustrate relief; court to determine who was duly elected

Orders

  • Special case stated and determined as per draft; court to determine whether Ms Green was duly elected despite resignation of Ms Hannah-Wood