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Section 232: Votes given to disqualified candidate—On an election petition to declare

Constitution · PART VI: LEGISLATURE

consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

232. Votes given to disqualified candidate—On an election petition to declare a legislative council election null and void and claiming the seat of the sitting member on the ground that he was disqualified from being elected because his name and surname were wrongly described in the nomination paper. HELD the requirements of regulation 7 (3) of the Legislative Council Elections Regulations, 1958, are mandatory as regards the proper surname and other names of a candidate, the respondent’s nomination paper not complying with these requirements was invalid and his election therefore null and void. As the disqualification of the respondent was not apparent from his nomination paper, and it was alleged that the electors who voted for him knew of it, the respondent’s seat could not be claimed and there should be a fresh election. Paruit v Ramsamy (1959).

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