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hi there...

Is the town council and chair legally obliged to act with a majority of the electorate if the electorate through a public vote show that there wishes are for the opposite of the way the council is acting...is there any legal prescedent where the electorate can take any legal actions against those who are representing them..
by (140 points)

1 Answer

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No, the only grounds for action would be if councillors were acting negligently or improperly, such as acting in their own personal interests. Or if decisions were not being made through proper procedures, such as failing to publish an agenda in advance of a meeting. Councillors are representatives and not delegates, which means that they must make their own judgements as to what is best for the community, not merely reflect the views of voters.

Having said that, it is a foolish council that deliberately goes against the wishes of the electorate on a matter considered to be important. In my experience, public pressure may take a while, but will usually wear down recalcitrant councillors. In the end, the solution will be in the hands of the electorate, although that does require them to actively exercise their power, including willingness to stand as candidates for election.
by (33.6k points)

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