Western Australian Consolidated Acts Western Australian Consolidated Acts (1) When a person
declared elected or appointed to an office under this Act has been elected or
appointed unduly or contrary to the provisions of this Act, or a person who is
incapable under the provisions of this Act of holding or continuing to hold
such office has been elected or appointed to or holds or exercises such
office, the Supreme Court or a Judge thereof may, upon the application of a
ratepayer, grant a rule or order calling upon that person to show cause why he
should not be ousted from office.
(2) An applicant under
subsection (1) shall, before making the application, pay into Court the
sum of $40 as security for costs, to abide the event of the application.
(3) If, upon the
return of the rule or order, it appears to the Court or Judge that the person
elected or appointed or holding or exercising the office was elected or
appointed unduly or contrary to this Act, or was at the time of his election
or appointment, or while holding or exercising his office, incapable under the
provisions of this Act of holding or continuing to hold the office, the Court
or Judge may make the rule or order absolute, or, if the matter does not so
appear, may discharge the rule or order, and in either case with or without
costs.
(4) The person against
whom any such rule or order is made absolute shall be deemed thereby to be
ousted from office accordingly.
(5) If it appears to
the Court or Judge that some other person was duly elected to the office, the
Court or Judge may declare such person to have been duly elected, and he shall
thereupon be deemed to have been duly elected to the office at the time at
which the person ousted was declared to have been elected.
(6) No such rule or
order for ousting any person as having been elected or appointed unduly or
contrary to the provisions of this Act shall be granted unless the application
is made before the expiration of 4 months from the declaration of the
result of the election at which such person was elected, or the notification
of his appointment, as the case may be.
[Section 12 amended by No. 113 of 1965
s. 8; No. 19 of 2010 s. 51.]
[Heading inserted by No. 19 of 2010
s. 44(2).]