Local Government (Dissolved Authorities) Act, 1935

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Provision for matters consequential on election petition.

9.—Where an election of members of a local authority is held and completed in pursuance of sub-section (5) of the principal section after the passing of this Act and subsequently the Court trying an election petition in relation to such election declares that such election was void or makes an order by virtue of which the total number of persons validly elected at such election is less than the quorum at meetings of such local authority, the following provisions shall have effect, that is to say:—

(a) for the purposes of this Act (except this section) the said election shall be deemed not to have been completed and this Act (except as aforesaid) shall apply accordingly;

(b) every act of the persons who were declared elected at such election which was done during the period between the completion of such election and the determination of such election petition and which purported to be the act of such local authority shall be as valid and effectual as the same would have been if all such persons had been validly elected and qualified to act as members of such local authority;

(c) the Minister shall, as soon as may be after the determination of such election petition, cause a fresh election of members of such local authority to be held in pursuance of sub-section (5) of the principal section and that sub-section shall apply as if such fresh election were held within the period of three years limited thereby.