Election petition

Quality 0.50 · 2 views · Updated 2 months ago

Process to challenge elections to parliaments

title: "Election petition" type: doc version: 1 created: 2026-02-28 author: "Wikipedia contributors" status: active scope: public tags: ["election-law-in-the-united-kingdom", "right-to-petition"] description: "Process to challenge elections to parliaments" topic_path: "law" source: "https://en.wikipedia.org/wiki/Election_petition" license: "CC BY-SA 4.0" wikipedia_page_id: 0 wikipedia_revision_id: 0

::summary Process to challenge elections to parliaments ::

In 1961, Tony Benn was disqualified from taking up his seat after a by-election by an election court because he held a peerage.

In 1982, Seamus Mallon was disqualified from taking his seat in the Northern Ireland Assembly as he was a member of Seanad Éireann, the upper chamber of the parliament of the Republic of Ireland, at the time of his election.

A recent example of an election being held void was when the 1997 election of Member of Parliament for Winchester, Mark Oaten, (Liberal Democrat) was contested by the Conservative Party candidate Gerry Malone. Oaten had won the seat by two votes, with 55 ballot papers rejected by the returning officer for not being stamped properly. Malone lodged an election petition in the High Court to contest the outcome. The petition was dealt with by special case in which Oaten joined. On 6 October 1997 Lord Justice Brooke ruled that the election was void: by a 1974 precedent the failure to stamp the ballots may have been the result of polling station staff forgetting, and had they been counted, Malone would have had a majority of two over Oaten.

Two election petitions were lodged after the General Election on 6 May 2010. The defeated Independent Rodney Connor, who lost in Fermanagh and South Tyrone by four votes has lodged a petition seeking a recount with scrutiny, and the case began on 13 September 2010.

In the Oldham East and Saddleworth constituency, the defeated Liberal Democrat candidate Elwyn Watkins petitioned against the election of Phil Woolas, a former Labour Minister, alleging that the result was affected by false statements of fact about his personal character. The election court which heard the case ordered a re-run of the election in Woolas' constituency after finding him guilty of making false statements against his opponent during the original campaign. Phil Woolas sought a judicial review of the decision in the High Court, but was unsuccessful overall as that Court upheld the decision of the Election Court in relation to two statements, whilst quashing the decision in relation to a third.

In the aftermath of the April 2021 Samoan general election, 28 election petitions were filed. The country's Supreme Court ruled against it.

References

References

  1. {{cite EB1911
  2. "Cap 542F Legislative Council (Election Petition) Rules; Legislative Council Ordinance".
  3. (2001-10-25). "Key players". [[The Daily Telegraph]].
  4. Saunderson, Sarah. (3 June 2010). "Connor asks High Court for election recount". The Impartial Reporter.
  5. "Election petition submitted to the High Court of Northern Ireland". Electoral Office for Northern Ireland.
  6. "Notice of Election Court". Electoral Office for Northern Ireland.
  7. (28 May 2010). "Losing candidate challenges Oldham election result". BBC.
  8. [http://www.oldham.gov.uk/election-petition-may2010-part1.pdf Election Petition submitted to the High Court - Part 1] {{webarchive. link. (18 January 2012 , [http://www.oldham.gov.uk/election-petition-may2010-part2.pdf Part 2] {{webarchive). link. (18 January 2012 and [http://www.oldham.gov.uk/election-petition-may2010-part3.pdf Part 3] {{webarchive). link. (18 January 2012 . Parts 2 and 3 includes copies of the election literature challenged. (Oldham Council website, Retrieved 30 June 2010))
  9. (5 November 2010). "Judges order election re-run in ex-minister's seat". BBC News.
  10. (5 November 2010). "Watkins v Woolas 2010 EWHC 2702 (QB)". British and Irish Legal Information Institute.
  11. (3 December 2010). "R on the application of Woolas v The Parliamentary Election Court and others (2010) EWHC 3169 (Admin)". British and Irish Legal Information Institute.
  12. (4 May 2021). "Court challenges to Samoa election begin". [[RNZ]].
  13. (21 May 2021). "Samoa's Head of State sets a date for parliament to meet". PMN.

::callout[type=info title="Wikipedia Source"] This article was imported from Wikipedia and is available under the Creative Commons Attribution-ShareAlike 4.0 License. Content has been adapted to SurfDoc format. Original contributors can be found on the article history page. ::

election-law-in-the-united-kingdomright-to-petition