Local Elections (Petitions and Disqualifications) Act, 1974

Matters consequential on petition.

16.—Where as a result of the determination by a court of a petition an election is declared void or the number of persons validly elected to membership of a local authority is less than the quorum required for meetings of the authority, the following provisions shall apply:

(a) the election to which the petition relates shall be deemed not to have been held and the persons elected at such election shall be deemed not to have come into office,

(b) every act done after the completion of such election and on or before the day on which a copy of the order determining the petition is received by the secretary or clerk of the local authority 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 the local authority 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 the local authority,

(c) every such act which was done by an individual person declared elected at such election and subsequently elected to the office of chairman, vice-chairman, lord mayor or mayor of the 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 the local authority and the individual person had been validly elected to the said office, and

(d) subject to the foregoing provisions of this section, Part IV of the Act of 1941 shall have effect in relation to the local authority as if the members thereof had, immediately after coming into office, been removed from office under that Part or, if such election was a new election within the meaning of that Part, as if such members had again been so removed from office under that Part.