CLAUSE 72.—(Omission to hold election, or election, void.) (Hansard, 14 November 1933)

Sir H. YOUNG
I beg to move, in page 43, line 14, to leave out the words, "on motion, grant a mandamus for the," and to insert instead thereof the words "order an."
The purpose of the Amendment is to cause questions of procedure in the courts to be left to the rules of court in accordance with the ordinary practice in legislation.

§ Major HILLS
I beg to move, in page 43, line 34, at the end, to insert the words: (5) The High Court may order that the costs of any person of proceedings under 802 paragraph (a) of sub-section (2) of this section shall be paid by the council of the county or borough concerned. This Amendment is intended to regularise or to legalise the existing practice Where the election of a mayor or an alderman of the council is not to be held on the appointed day or within the time limit, it was necessary to go to the High Court for an order to enable the election to be held. The two most usual cases are, first, where a candidate dies during the course of the election, and, second, when there is some mistake in the nomination of all the candidates and nobody is validly nominated. It is thought in those cases that it is not necessary to go to the court, and that a simple order by the returning officer ordering an election to he held is sufficient, and that is provided for by Sub-section (1). There still remain cases in which formerly a mandamus and now—after the Amendment just made by the Committee—an order of the court is required. In those cases it has been the practice to charge the costs on the corporation or the county council, because it is clearly unfair that a returning officer or some person of that sort who is obliged to apply to the court to get the order should be called upon by the court to meet the costs, but the corporation or county council are not parties to the action. It is in order to settle that point that this Amendment is necessary, and, as I have said, it does no more than confirm the existing practice.

Sir H. YOUNG
The Committee will understand, from the clear explanation of my right hon. and gallant Friend, the purpose of this Amendment. There is a doubt under the existing law, and the Amendment, as he has said, clears up that doubt. In the circumstances, I recommend the Committee to accept it.