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

Question

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?

Answer 1

The casual vacancy has to be advertised for a set period of time before it becomes available for co-option.

Comments

Thanks. Is there any specific statutory support for this policy?

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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

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Thanks, the first part of that I fully understand. I'm looking for backing for the second sentence.

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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.