Local Government Act, 1941

Matters consequential on election petition.

46.—Where the court trying an election petition in relation to a new election declares that such election was void for any reason other than a deficiency of candidates duly nominated or makes an order by virtue of which the persons validly elected at such election are less in number than the quorum at meetings of the relevant local authority, the following provisions shall have effect, that is to say:—

(a) for the purposes of this Part of this Act (except this section) the said election shall be deemed not to have been held and the persons elected at such election shall be deemed not to have come into office, and this Part of this Act (except as aforesaid) shall apply accordingly;

(b) every act done during the period between the completion of such election and the determination of such election petition which was done by the persons or any one or more of the persons declared elected at such election and which purported to be an act of such local authority or an act done by virtue of the membership of such local authority of such one or more persons (as the case may be) shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of such local authority;

(c) every such act which was done by an individual person declared elected at such election and subsequently declared appointed to the office of chairman, lord mayor, or mayor of such local authority and which purported to be an act done by virtue of the said office shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of such local authority and such individual person had been validly appointed to the said office;

(d) the Minister shall, as soon as may be after the determination of such election petition, fix a day for the holding of an election of members of such local authority and this Part of this Act shall apply as if such election were a new election duly fixed thereunder.