Urquhart v. Air and Others [1909] ScotLR 56 (20 November 1909)

Urquhart v. Air and Others [1909] ScotLR 56 (20 November 1909)

The returning officer had no statutory authority to stop the poll after it had commenced upon learning of a candidate's death; this constituted an irregularity rendering the election abortive, and the resulting vacancies must be filled as prescribed by section 36 of the Town Councils (Scotland) Act 1900.

Citation
[1909] ScotLR 56
Parties
Petitioner: James Urquhart; Respondents: David Air and Others
Jurisdiction
Scotland
Judgment Date
20 November 1909
Procedural Posture
Petition Under Town Councils (scotland) Act 1900, Sec. 113 / Judgment After Hearing
Outcome
Election declared invalid; vacancies to be filled as per statute; no expenses awarded.
Legal Topics
Municipal Elections, Death of Candidate, Irregularity in Election Proceedings, Statutory Interpretation
Election Law Local Government Law Municipal Elections Death of Candidate Irregularity in Election Proceedings Statutory Interpretation

Case Brief

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Parties

James Urquhart

Petitioner

David Air and Others

Respondents

Procedural Posture

Petition Under Town Councils (scotland) Act 1900, Sec. 113 / Judgment After Hearing

Legal Issues

  1. 1 Whether the death of a candidate before but not known until after commencement of poll justifies stopping the poll and declaring remaining candidates elected
  2. 2 Whether the election was rendered abortive by the returning officer's actions
  3. 3 How the resulting vacancies should be filled under the Town Councils (Scotland) Act 1900

Ratio Decidendi

The returning officer had no statutory authority to stop the poll after it had commenced upon learning of a candidate's death; this constituted an irregularity rendering the election abortive, and the resulting vacancies must be filled as prescribed by section 36 of the Town Councils (Scotland) Act 1900.

Court Disposition

Election declared invalid; vacancies to be filled as per statute; no expenses awarded.

Orders

  • Find that Mr M'Cabe and Mr Stewart were not validly elected as town councillors.
  • Find that the two vacancies fall under subsection (f) of section 36 of the Town Councils (Scotland) Act 1900 and are to be filled by one of the prescribed methods.