[188] The forerunner to Section 83 of our Elections Act is Section 13 of the
English Ballot Act of 1872, which provided:
“No election shall be declared invalid by reason of a
non-compliance with the rules contained in Schedule
1 of this Act, or any mistake in the use of the forms in
Schedule 2 of this Act, if it appears to the tribunal
having cognizance of the question that the election
was conducted in accordance with the principles laid
down in the body of this Act, and that such noncompliance or mistake did not affect the result of the
election.”
[189] The post-1872 versions of this provision in British election statutes
(1949) and (1983), use slightly different phraseology. Instead of the words
“conducted in accordance with the principles laid down in the
body of this Act” the modern statutes use the phrase “so conducted as
to be substantially in accordance with the law as to elections.”
Judicial fora when called upon to interpret similar provisions have tended
to assign the same meaning to the two phrases.
[190] The celebrated case of Morgan v. Simpson94, set the tempo on
how courts in the Commonwealth would interpret versions of the
Representation of People Act. At issue in Morgan v. Simpson, was the
interpretation and application of Section 37 of the Representation of People
Act (1949), which provided thus:
“No local Government election shall be declared
invalid by reason of any act or omission of the
returning officer or any other person in breach of
his official duty in connection with the elections
or otherwise of the local election rules if it
94
Morgan v. Simpson, [1974] 3 ALL ER 722.
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