Local Elections (Petitions and Disqualifications) Act, 1974
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Effect of certain declarations by court. |
15.—(1) Where the order of the court relating to a petition declares that a person was not duly elected as a member of a local authority or was not qualified for membership of a local authority or that the whole or part of a local election was void, the person to whom the declaration relates, or any person elected at such void election or void part of an election (as the case may be) shall cease to be a member of the local authority on (but not before) the day next following the day on which a copy of the order of the court given pursuant to section 14 of this Act is received by the secretary or clerk of the local authority and, subject to section 16 of this Act and subsection (2) of this section, a vacancy shall exist accordingly. | |
(2) Where an order mentioned in subsection (1) of this section declares that, in the place of any person declared by the order not to have been duly elected or not to have been qualified for membership of a local authority, a specified other person was ascertained to have been elected, that other person shall stand elected as a member of the local authority on (but not before) the day next following the day on which a copy of the order is received as aforesaid by the secretary or clerk of the local authority. | ||
(3) Subject to section 16 of this Act, where an order of the court determining a petition does not contain a declaration described in subsection (2) of this section, the vacancies occurring as a result of the order in the membership of the local authority concerned shall be treated and filled as casual vacancies. | ||
(4) As soon as practicable after a copy of an order is given to him pursuant to section 14 of this Act, the secretary or clerk shall give notice to each member of the local authority of the terms of the order. | ||
(5) Where a person has been returned as a member of a local authority and, subsequent to being so returned, the person sits, votes or otherwise participates as a member in the business of the authority or purports to do anything by virtue of membership of the authority and is also declared by the court not to have been duly elected to serve as a member of the authority or not to have been qualified for membership of the authority, for the avoidance of doubt it is hereby declared that anything done by the person while so participating and anything purporting to have been so done, either on or before the day on which a copy of the said order is received as aforesaid by the secretary or clerk of the local authority shall, notwithstanding the order, be valid and effectual. | ||
(6) Where an order under this section disqualifies a person from membership of a local authority, he shall cease to be a member of any other body to which he had been appointed to represent that local authority. |