IN RE CARROLL

14 VLR 607·HIGINBOTHAM, C.J., HOLROYD, KERFERD and A’BECKETT, JJ.
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14 VLR 607
14 VLR 607
IN RE CARROLL Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., HOLROYD, KERFERD and A’BECKETT, JJ. November 28, 1887. December 17, 20, 1887. May 2, 3, 04 May 1888 "Local Government Act 1874" (No. 506), s. 71 — Municipal election — Auditor — Returning officer — Declaration of election — Person elected in office — Validity of election — Mandamus — Quo warranto — Colourable election — Disqualification of candidate .

Where a person has been declared by the returning officer elected as auditor of a shire council, and has accepted office and acted in the performance of his duties, unless the election is colourable only, the only remedy open to a person wishing to test the validity of the election is by quo warranto, or under sec. 71 of the "Local Government Act 1874" (No. 506), and not by mandamus.

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