Challenge of Election Results in UK Law

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).

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.

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.

All legislation must be interpreted in the light of the objective which the legislature must be taken to have been pursuing. There are competing public interests at stake. On the one hand, the rules requiring timely and proper presentation of a petition are strict, because it is in the public interest that there should be early clarity as to who has been elected. But this public interest does not, in our judgment, require such a construction of rule 4.

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.

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.

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.