231:, 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
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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
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When an election was held void the House of
Commons could seat another candidate, order a new writ issued to fill the vacancy or leave the writ unissued for a time, thus suspending the representation of a constituency. As the tolerance of corrupt elections became less during the 18th and 19th
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transferred the trial of election petitions to judges of the superior courts, to whose determination the House gives effect, by the issue of new writs or otherwise. The House, however, still retains and exercises its jurisdiction in all cases not relegated, by statute, to the judges.
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introduced an improved system of nomination, which distinctly raised the character of election committees; but a tribunal constituted of political partisans, however chosen, was still open to jealousy and suspicion. At length the
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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.
96:. c. 16), and other later acts, by select committees, so constituted as to form a more judicial tribunal. The influence of party bias, however, too obviously prevailed until 1839, when
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found to be corrupt could be punished by either changing the area and the qualifications for voting or disenfranchising the constituency completely.
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Petitions, which resulted in the election in a constituency being held void used to be common after every general election, but are now rare.
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Two election petitions were lodged after the
General Election on 6 May 2010. The defeated Independent Rodney Connor, who lost in
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501:. Parts 2 and 3 includes copies of the election literature challenged. (Oldham Council website, Retrieved 30 June 2010)
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by four votes has lodged a petition seeking a recount with scrutiny, and the case began on 13 September 2010.
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560:"R on the application of Woolas v The Parliamentary Election Court and others (2010) EWHC 3169 (Admin)"
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constituency, the defeated
Liberal Democrat candidate Elwyn Watkins petitioned against the election of
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This article is about challenging UK election results. For requests to parliament on a subject, see
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When a petition is lodged against an election return, there are four possible outcomes:
316:"Cap 542F Legislative Council (Election Petition) Rules; Legislative Council Ordinance"
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because they had not been stamped properly. Malone lodged an election petition in the
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654:. Parliamentary papers. Vol. HC 1898 ix (340) 555 – via Open Library.
641:. Parliamentary papers. Vol. HC 1897 xiii (597) 1 – via Open Library.
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A recent example of an election being held void was when the 1997 election of
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House of
Commons Select Committees on Election Petitions (2 August 1898).
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House of
Commons Select Committees on Election Petitions (27 July 1897).
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Report, together with
Proceedings, minutes of Evidence, and an Appendix
304:. Vol. 7 (11th ed.). Cambridge University Press. p. 170.
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385:"Election petition submitted to the High Court of Northern Ireland"
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562:. British and Irish Legal Information Institute. 3 December 2010
540:. British and Irish Legal Information Institute. 5 November 2010
124:, then a British colony, and in Australia, New Zealand or other
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50:. The result is quashed and a writ is issued for a new election
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counted, Malone would have had a majority of two over Oaten.
64:, and the member returned is found to have been duly elected.
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Report, together with
Proceedings and minutes of Evidence
604:"Samoa's Head of State sets a date for parliament to meet"
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refers to the procedure for challenging the result of a
422:. Electoral Office for Northern Ireland. Archived from
390:. Electoral Office for Northern Ireland. Archived from
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Election
Petition submitted to the High Court - Part 1
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512:"Judges order election re-run in ex-minister's seat"
449:"Losing candidate challenges Oldham election result"
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Controverted elections had been originally tried by
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146:was disqualified from taking up his seat after a
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200:. Oaten had won the seat by two votes, with 55
666:BBC News article concerning election petitions
371:"Connor asks High Court for election recount"
169:, the upper chamber of the parliament of the
161:was disqualified from taking his seat in the
16:Process to challenge elections to parliaments
88:, with scandalous partiality, but under the
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264:Rallings, Colin; Tharsher, Michael (2006).
138:List of UK Parliamentary election petitions
582:"Court challenges to Samoa election begin"
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243:, 28 election petitions were filed. The
268:. London: Total Politics. p. 246.
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538:"Watkins v Woolas 2010 EWHC 2702 (QB)"
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681:Election law in the United Kingdom
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606:. PMN. 21 May 2021. Archived from
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241:April 2021 Samoan general election
53:The election is held to have been
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369:Saunderson, Sarah (3 June 2010).
103:Parliamentary Elections Act 1868
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154:because he held a peerage.
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417:"Notice of Election Court"
218:Fermanagh and South Tyrone
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373:. The Impartial Reporter.
204:had been rejected by the
163:Northern Ireland Assembly
46:The election is declared
239:In the aftermath of the
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497:18 January 2012 at the
486:18 January 2012 at the
475:18 January 2012 at the
301:Encyclopædia Britannica
266:British Electoral Facts
245:country's Supreme Court
192:) was contested by the
165:as he was a member of
178:Member of Parliament
610:on 1 September 2021
347:The Daily Telegraph
171:Republic of Ireland
451:. BBC. 28 May 2010
247:ruled against it.
194:Conservative Party
686:Right to petition
584:. RNZ. 4 May 2021
518:. 5 November 2010
350:. 25 October 2001
322:on 20 August 2016
275:978-1-907278-03-7
206:returning officer
82:select committees
28:election petition
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229:Phil Woolas
148:by-election
113:centuries,
98:Robert Peel
675:Categories
566:3 December
544:5 November
522:5 November
251:References
210:High Court
196:candidate
186:Mark Oaten
182:Winchester
34:election.
157:In 1982,
144:Tony Benn
142:In 1961,
128:nations.
122:Hong Kong
94:10 Geo. 3
69:withdrawn
516:BBC News
495:Archived
484:Archived
473:Archived
115:boroughs
38:Outcomes
223:In the
76:History
614:21 May
492:Part 3
481:Part 2
455:28 May
354:29 May
272:
150:by an
62:upheld
588:4 May
427:(PDF)
420:(PDF)
395:(PDF)
388:(PDF)
132:Cases
55:undue
616:2021
590:2021
568:2010
546:2010
524:2010
490:and
457:2010
435:2010
403:2010
356:2010
328:2016
270:ISBN
180:for
48:void
188:, (
26:An
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