Follow us on Twitter

Is it legitimate for a council to invite candidates for co-ooption before poll option is settled?

0 votes
When a casual vacancy has arisen, is it legitimate for a council to issue a notice inviting candidates for co-option and saying "The Town Council would like to fill the vacancy by co-option as soon as possible." This was done even prior to the posting of the formal notice that states that 10 citizens can insist on a poll. Should this not wait until after the question of whether there is to be a poll has been settled?
asked by (28.9k points)

1 Answer

0 votes
The casual vacancy has to be advertised for a set period of time before it becomes available for co-option.
answered by (1.4k points)
Thanks. Is there any specific statutory support for this policy?
It will be within the Local Govt Act 1972.  The Principal Authority gives notice that a Vacancy has arisen and this stipulates the date by which ten eligible ward electors must call for an election.  Co option should not be initiated until that date is reached & if there are insufficient calls for a by Election
Thanks, the first part of that I fully understand. I'm looking for backing for the second sentence.
The Principal Authority (PA) notice of a vacancy with the invitation for electors to call for an election must be allowed to run it's course.   Normally the PA informs the PC/TC Clerk the day after the notice deadline date in writing that either an election will be held, or that the PC/TC should initiate a co option.  If the PC/TC are formally inviting candidates for co option before that date they are in breach of the LGA 1972 and the PA monitoring officer an Electoral Services director should be informed.

Welcome to Town & Parish Councillor Q&A, where you can ask questions and receive answers from other members of the community. All genuine questions and answers are welcome. Follow us on Twitter to see the latest questions as they are asked - click on the image button above or follow @TownCouncilQA. Posts from new members may be delayed as we are unfortunately obliged to check each one for spam. Spammers will be blacklisted.

You may find the following links useful:

We have a privacy policy and a cookie policy.

Google Analytics Alternative