false declarations of numbers by a returning officer, or
by other such acts or mishaps. We think that the same
result should follow if, by reason of any such or similar
mishaps the tribunal, without being able to say that a
majority had been prevented, should be satisfied that
there was reasonable ground to believe that a majority
of the electors may have been prevented from electing
the candidate they preferred. But if the tribunal should
only be satisfied that certain of such mishaps had
occurred, but should not be satisfied either that a
majority had been, or that there was reason to believe
that a majority might have been prevented from
electing the candidate they preferred, then we think
that the existence of such mishaps would entitle the
tribunal to declare the election void by the common
law of Parliament"
Woodward v. Sarsons (ante) did not meet the approval of Lord Denning in
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Morgan and others u. Simpson and another [I9747 3 All ER 722.
Lord Denning commenting on Woodward and Sarsons said at page 727 "But, if the errors had affected the result (in other
words, if Woodward would have won but for the
mistakes of the polling officers), the court, as I read the
judgment, would have declared the election void.
Whilst I agree with the passage which I have quoted,
there are other passages with which I do not agree.
Some of them are erroneous, as Stephenson L.J. will
point out Others are not sense as Lawton L.J. will
observe. In future the case should be regarded as
authority only for what is decided, and not by what is
said."
Continuing Lord Denning said:
"Collating all these cases together I suggest the law can
be stated in these propositions: (1) I€the election was
conducted so badly that it was not substantially in
accordance with the law as to elections, the election is
vitiated, irrespective of whether the result was affected
or not That is shown by the Hackney case where two
out of 19 polling stations were closed all day and 5,000