Local Authorities (Miscellaneous Provisions) Act, 1936

Validity of election of a particular member of a local authority.

4.—(1) Where, whether before or after the passing of this Act, a person has been declared by the returning officer at an election (whether held before or after such passing) of members of a local authority to have been elected at such election as a member 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 of such person were or shall have been instituted before the expiration of one year from the day on which such person was so declared to have been elected, then and in every such case the following provisions shall have effect, that is to say:—

(a) where, such year expired before the passing of this Act, such person shall, on and from the passing of this Act, be deemed for all purposes to have been lawfully and validly elected at such election as a member 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 of such person;

(b) where such year expires after the passing of this Act, such person shall, on and from the expiration of such year, be deemed for all purposes to have been validly and lawfully elected at such election as a member 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 of such person.

(2) In the foregoing sub-section of this section—

(a) references to a declaration by the returning officer that a person has been elected shall be construed as referring also to the giving of notice by the returning officer that a person 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 person is deemed to be re-elected, and

(b) all parts of the verb “to declare” shall be construed as including declaring by giving notice, and

(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.