Winners of void Auckland local body election seek High Court judicial review

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Source: Radio New Zealand

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The winning candidates of last year’s local government election for the Papatoetoe subdivision of Ōtara-Papatoetoe Local Board have filed a petition in the High Court seeking a judicial review of the Manukau District Court ruling that declared the election void amid allegations of voter fraud.

It’s the first time the election winners have spoken to media since the District Court ruling was handed down in December.

Kunal Bhalla, spokesperson for the Papatoetoe Ōtara Action Team – who along with Sandeep Saini, Paramjeet Singh and Kushma Nair – was elected to the local board in October, called the District Court ruling “significant and complex” in a statement on Thursday.

“It is important to emphasize that the District Court did not make any findings of wrongdoing against the Papatoetoe Ōtara Action Team or any of its candidates,” Bhalla said.

“The District Court found that a small number of ballot papers – 79 ballot papers in total or about 0.7 percent of the total votes cast – were misused.

“Whether those responsible were attempting to assist or disadvantage any candidates, or were acting irresponsibly or mischievously, we unequivocally condemn those actions.”

Bhalla confirmed the Papatoetoe Ōtara Action Team had filed proceedings in the High Court seeking judicial review of the District Court judgment.

“Our application raises concerns that the case presented to the District Court did not reach the rigorous factual and legal standards required before an election can properly be set aside,” he said.

“We have taken that step to ensure that the legal framework applied, and the material relied upon, are carefully and independently examined in accordance with the law – not only for this case, but for the integrity of future electoral challenges,” he said.

“We have full respect for the judicial process and are confident the High Court will consider the matter fairly and independently.

“We are seeking an urgent hearing because, if the District Court judgment is set aside, it may be that the March by-election should not proceed.”

Bhalla also confirmed all four members of the Papatoetoe Ōtara Action Team would contest the March election should it proceed.

“Regardless of the outcome of the High Court process, we are determined that the people of Papatoetoe should have the opportunity to choose us as their representatives freely and fairly for a second time, if the March election may still have to proceed,” Bhalla said.

“We remain confident in the support of our community and in the mandate we received,” he said.

“We acknowledge that there has been significant speculation and misinformation surrounding this matter, and we are particularly concerned about instances of racially motivated commentary directed at members of our community,” he said.

“We ask that people allow the legal process to run its course and refrain from drawing unjustified conclusions.”

– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand

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