Challenge of Election Results in UK Law

Leading Cases
  • Conservative and Unionist Party v Election Commissioner
    • Queen's Bench Division (Administrative Court)
    • 19 February 2010

    But these considerations simply cannot overcome the plain words of the exception in section 154(1), to say nothing of the words “[s]ubject to the provisions of this or any other enactment” in section 51(1) of the 1981 Act and the words “subject to the provisions of this Act” in sections 123(2) and 157(3).

  • Morgan v Simpson
    • Court of Appeal (Civil Division)
    • 18 July 1974

    2. If the election was so conducted that it was substantially in accordance with the law as to elections, it is not vitiated by a breach of the rules or a mistake at the polls - provided that it did not affect the result of the election. That is shown by the Islington case where fourteen ballot papers were issued after 8 p.m.

  • Ahmed v Kennedy; Ullah v Pagel
    • Court of Appeal (Civil Division)
    • 12 December 2002

    Mr Millar QC for the respondents submits to the contrary that Part III of the Act and the Rules made under it together comprise a discrete and purpose-built statutory scheme which covers the High Court's role in the procedure and that where the legislation intends to provide for the softening of any mandatory requirement it expressly says so, as in rule 19.

    Flexibility and discretion are all very well but there is merit too in certainty, not least in the field of electoral challenge. It is undesirable to have someone serving in a public office with doubts surrounding the legitimacy of his election.

  • The Representation of the People Act 1983
    • Queen's Bench Division
    • 26 November 2008

    It would be wrong in principle to adopt an interpretation of the 1960 Rules which placed conditions upon the presentation of valid petitions which were more restrictive than necessary to achieve the certainty that is required, and which obstructed the determination of what opinion the people had expressed.

  • R (Begum (Sultana)) v Tower Hamlets London LBC
    • Court of Appeal (Civil Division)
    • 02 May 2006

    It is important to note that it is the duty of the nominee, either himself or through an agent, to present valid nomination papers in time. On the facts of this case the respondents failed to discharge that duty. Moreover, whatever can be said about the failings on the part of the returning officer, the deputy returning officer or their staff, the respondents' responsibility to put the correct information on the forms was at no stage transferred to the returning officer.

  • Sukhbinder Singh Sandhu v Tarsem Singh
    • Chancery Division
    • 28 March 2018

    As to what should happen, on one view the congregation should be given an opportunity to voice and consider objection to each of the 5 Singhs announced on 3.5.15. Once there are 5 Singhs who are recognised or accepted without legitimate objection, they should elect the MC and the congregation should have an opportunity to accept or object to each person so elected.

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Legislation
  • Town and Country Planning Act 1990
    • UK Non-devolved
    • January 01, 1990
    ... ... ) provide for publicity to be given to the results of any review or survey carried out under section ... , unless the appellant or the authority challenge the appointed person's power to determine the ... The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I ... ...
  • Small Business, Enterprise and Employment Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... polling day for a parliamentary general election; andthe “relevant period” is the period ... under this section may publish the results of the investigation ... Annotations: ... 3(d) ... (7) (1) Section 6 (challenge of decisions) is amended as follows.(2) In ... ...
  • Online Safety Act 2023
    • UK Non-devolved
    • January 01, 2023
    ... ... of proactive technology on the service results in that content being taken down or access to it ... promotes or provides instructions for a challenge or stunt highly likely to result in serious ... (i) a Parliamentary general election has taken place, or ... (ii) there has been a ... ...
  • Finance Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... 16: Election for loan charge to be split over three tax years ... (4) Where the deduction at Step 2 results in a negative value the adjusted amount is ... But it is not open to the individual to challenge the existence or amount of any tax liability of a ... ...
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Books & Journal Articles
  • Can women dynasty politicians disrupt social norms of political leadership? A proposed typology of normative change
    • No. 44-1, January 2023
    • International Political Science Review / Revue internationale de science politique
    Social norms that legitimise men as political leaders, and undervalue women’s leadership, are a tenacious barrier to women’s representation globally. This article explores the circumstances under w...
    ... ... are strong, and in many cases the election of wives, widows, daughters and other relatives ... women dynasty politicians can, and do, challenge and extend social norms of leadership. This is ... due to a court challenge of election results or a criminal conviction, while one is the widow ... ...
  • Can women dynasty politicians disrupt social norms of political leadership? A proposed typology of normative change
    • No. 44-1, January 2023
    • International Political Science Review / Revue internationale de science politique
    Social norms that legitimise men as political leaders, and undervalue women’s leadership, are a tenacious barrier to women’s representation globally. This article explores the circumstances under w...
    ... ... are strong, and in many cases the election of wives, widows, daughters and other relatives ... women dynasty politicians can, and do, challenge and extend social norms of leadership. This is ... due to a court challenge of election results or a criminal conviction, while one is the widow ... ...
  • Tactical Voting and Electoral Pacts in the 2019 UK General Election
    • No. 20-3, August 2022
    • Political Studies Review
    The Brexit cleavage continued to define politics in the 2019 general election. This posed a challenge for parties and voters on each side of the debate: how to coordinate in favour of their side in...
    ... ... This posed a challenge for parties and voters on each side of the debate: how to coordinate in ... candidates against incumbent Conservatives noticeably affected the results. Holding the structure of preferences in 2019 constant, Labour would ... ...
  • The 1976 Election and the American Political System
    • No. 25-2, June 1977
    • Political Studies
    The elections, remembered as the first in which an incumbent President was defeated since 1932, show other characteristics inconsistent with usual interpretations. The Democratic Party's selection ...
    ... ... Analysis of the results refutes many common conclusions. The popular vote was not as close ... Republicans still challenge strongly for the Presidency but consistently fail elsewhere. I. The ... ...
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Law Firm Commentaries
  • The UK general election result – what next for Brexit?
    • LexBlog United Kingdom
    Introduction Today, the UK woke up to the news that the general election result was a hung Parliament with no political party gaining an overall majority in the House of Commons. The official elect...
    ... ... The official election results were: Conservatives 318 seats Labour 261 seats Scottish Nationalist ... On 29 May 2017, it was reported in the press that a legal challenge in Ireland on whether Article 50 could be revoked was dropped. The papers ... ...
  • The Tech Challenge: Why UK Political Parties Are Struggling
    • Mondaq United Kingdom
    ... ...  Reed was President Obama's Chief Technology Officer at the last election and together with a number of others revolutionised the ways that ans work with technology to campaign.  Their results were spectacular and the fresh thinking they brought to campaigning showed ... ...
  • And They're Off...
    • Mondaq UK
    ... ... be dominated by the forthcoming General Election in May. The result of this election is likely to ... valuable properties will be watching the results of the election very carefully ... In general, ... the GAAR deployed and it is intended to challenge 'only egregious, or very aggressive, tax ... ...
  • What dealmakers need to know about the UK election result and its impact on UK investing in 2020
    • JD Supra United Kingdom
    The result of the UK’s third general election in less than five years marks a significant shift in the political landscape in the world’s 5th biggest economy. After nearly a decade marked by politi...
    ... ... The ... challenge for business will be understanding where the Government is really keen to ... Where case studies are included, results achieved do not guarantee similar outcomes ... for other clients ... ...
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