Key Facts
- •A local election for Nelson Town Council's Marsden West Ward was held on May 4, 2023.
- •Julie Green (Conservative) received 242 votes, and Patricia Hannah-Wood (Labour) received 177 votes.
- •The Returning Officer mistakenly declared Hannah-Wood the winner due to a clerical error in recording votes.
- •Hannah-Wood subsequently resigned from her position.
- •Green filed an election petition under section 127 of the Representation of the People Act 1983.
- •A procedural dispute arose regarding the availability of summary judgment in election petitions.
Legal Principles
Method of questioning local elections.
Representation of the People Act 1983, section 127
Election petitions must proceed despite respondent's resignation.
Representation of the People Act 1983, section 139(3)
High Court's powers regarding election petitions.
Representation of the People Act 1983, section 157(3)
Rules of procedure for election petitions.
Representation of the People Act 1983, section 182; Election Petition Rules 1960, rule 2(4)
Conduct of local elections.
Representation of the People Act 1983, section 36; Local Elections (Parishes and Communities) (England and Wales) Rules 2006, Rule 50
Resignation and casual vacancies in local government.
Local Government Act 1972, sections 84, 87(1)(b), 89
Filling of casual vacancies.
Local Elections (Parishes and Communities) (England and Wales) Rules 2006, Rule 5
Outcomes
Hannah-Wood was not duly elected; Green was duly elected.
Section 139(3) mandates the petition's continuation despite resignation. A person not receiving the most votes cannot be considered duly elected, regardless of the declaration. The resignation does not supersede the need to determine the true result of the election.