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Validity of an election of members of a local authority.
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5.—(1) Where, whether before or after the passing of this Act, the returning officer at an election (whether held before or after such passing) of the members, or a statutory proportion of the members, of a local authority has declared a number of persons (whether equal to or less than the number of members of such local authority required by law to be elected at such election) to have been elected at such election as members of such local authority and no proceedings, by way of election petition or in the nature or in lieu of quo warranto, to question the validity of such election were or shall have been instituted before the expiration of one year from the day on which such persons were so declared to have been elected, then and in every such case the following provisions shall have effect, that is to say:—
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(a) where such year expired before the passing of this Act, such election shall, on and from the passing of this Act, be deemed for all purposes to have been a valid and effective election lawfully held of the members, or the said statutory proportion of the members, of such local authority, and accordingly it shall not be lawful after the passing of this Act to question in any proceedings whatsoever in any court the validity of such election;
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(b) where such year expires after the passing of this Act, such election shall, on and from the expiration of such year, be deemed for all purposes to have been a valid and effective election lawfully held of the members, or the said statutory proportion of the members, of such local authority, and accordingly it shall not be lawful to institute in any court, after such expiration, any proceedings whatsoever questioning the validity of such election;
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(c) where, in the case of an election of the whole membership of such local authority, the number of persons so declared to be elected is less than the full number of members of such local authority but not less than the number of members necessary to form a quorum at a meeting of such local authority, such local authority shall, on and from the passing of this Act or the expiration of such year (whichever is the later), be deemed to have been validly constituted as on and from the date on which the members of such local authority elected at such election come into office;
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(d) where, in the case of an election of a statutory proportion of the members of such local authority, the number of persons so declared to be elected is less than such statutory proportion, such local authority shall, on and from the passing of this Act or the expiration of such year (whichever is the later), be deemed to have been validly constituted as on and from the date on which the members of such local authority elected at such election come into office;
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(e) in any case, as on and from the passing of this Act or the expiration of such year (whichever is the later), the persons so declared to be elected and no other persons shall be deemed to have been elected at such election as members of such local authority.
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(2) In the foregoing sub-section of this section—
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(a) references to a declaration by the returning officer that a number of persons have been elected shall be construed as referring also to the giving of notice by the returning officer that a number of persons will be declared to be deemed to be re-elected and as referring also to the giving of notice by the returning officer that a number of persons are deemed to be re-elected, and
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(b) all parts of the verb “to declare” shall be construed as including declaring by giving notice, and
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(c) the word “elected” shall be construed as including “deemed to be re-elected,”and the word “election” shall, where the context so admits, be construed accordingly.
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