HC Deb 01 April 1892 vol 3 cc481-2
MR. JEFFREYS (Hants, Basingstoke)

I beg to ask the President of the Local Government Board whether he is aware of the circumstances under which the recent election of a Councillor to represent the South Liberty Ward of the Gosport Electoral Division of the Hampshire County Council ended in failure, through the unfortunate death of the only candidate previous to the day of election; and whether any means are provided by "The Local Government Act, 1888," or other Statutes incorporated therewith, by which the difficulty can be met, and a new election ordered to take place?


My attention has already been directed by my hon. Friend the Member for the Eastern Division of Sussex to the circumstances connected with the election of a Councillor for the South Liberty Ward of the Gosport Electoral Division. As there appears to have been a failure, in consequence of the death of the candidate, to elect on the day appointed for the election, the case seems to me to come under the provisions of Section 70 of the Municipal Corporations Act, 1882, which is made applicable to elections of County Councillors by the Local Government Act. Under that section the High Court may, on motion, grant a mandamus directing an election for the electoral division referred to on a day named by the Court.