Court’s functions in relation to status of roll and electors’ entitlement to be included on roll
163 Court’s functions in relation to status of roll and electors’ entitlement to be included on roll
The Court must inquire whether or not the requisites of section 158 have been observed, and, so far as the voting is concerned, may inquire into the identity of persons, and whether their votes were improperly admitted or rejected, and whether the result of the polling was correctly ascertained, but the roll is conclusive evidence that the persons shown on the roll are, on the day stated in the roll as the day on which the roll is prepared, entitled to be included on the roll.
An election cannot be declared void on the ground that a person whose name appears on the roll for the whole of State electorate or a district, and who has voted as an elector for that electorate or district —
was not entitled to be enrolled, or to continue to be enrolled, as an elector for that electorate or district; or
was not entitled to be included on that roll.
[Section 163 amended: No. 67 of 1979 s. 53; No. 40 of 1987 s. 84; No. 20 of 2021 s. 86; No. 30 of 2023 s. 110.]
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