What remedies are available in the first instance?

United Kingdom

United Kingdom

Answer
  • Annulment of results / Cancellation of elections
  • Re-run the election
Source
  • Representation of the People Act 1983

 

Art 144. Conclusion of trial of parliamentary election petition.

(3)Ifthe judges constituting the election court—

(a)differas to whether the member whose election or return is complained of was dulyelected or returned, they shall certify that difference and the member shall bedeemed to be duly elected or returned;

(b)determinethat the member was not duly elected or returned but differ as to the rest ofthe determination, they shall certify that difference and the election shall bedeemed to be void.

(4)Whereany charge is made in the petition of any corrupt or illegal practice havingbeen committed at the election the court shall, in addition to giving acertificate, and at the same time, make a report to the Speaker as required bysections 158 and 160 below and also stating whether corrupt or illegalpractices have, or whether there is reason to believe that corrupt or illegalpractices have, extensively prevailed at the election.

(…)

(7)The House of Commons, on being informed by the Speaker of a certificate and anyreport of an election court, shall order the certificate and report (if any) tobe entered in their journals and shall give the necessary direction—

(a)forconfirming or altering the return, or

(b)forissuing a writ for a new election, or

(c)forcarrying the determination into execution as the circumstances may require,

andwhere the court make a special report, the House of Commons may make such orderin respect of that report as they think proper.

http://www.legislation.gov.uk/ukpga/1983/2

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