26. The view of Story on the American Constitution is that the power to
judge election, returns and qualifications of the members of each House
composing the legislature is to be lodged in the legislature. Story says that no
other body can be so perpetually watchful to guard its own rights and
privileges from infringement (See Story page 585).
27. In Corpus Juris Vol. 16 (1956) it is said that the judiciary cannot
exercise powers which are to be found in the other two departments of
Government which are normally legislative or powers which are generally
executive, in their nature. All matters relating to or affecting elections are
political questions and as such are not questions for the judiciary. All matters
relating to or affecting elections are in the absence of controlling
constitutional or statutory provisions to the contrary, political questions and
as such are not questions for the judiciary. So, subject to express
constitutional restrictions, all matters relating to the holding of elections and
determining their results, including contests are political questions (pp. 691,
692, 710).
28. In Corpus Juris Vol. 29 (1965) it is stated that under constitutional
provision as to conferring on the legislature the power to determine by law,
before what authority, and in what manner the trial or contested elections
shall be conducted the legislature is given broad power. A constitutional
provision authorising the legislature to provide for the mode of contesting
elections in all cases not otherwise specifically provided for in the
Constitution itself confers on the legislature adequate authority to provide for
all election contests and to determine where and by what means election
contests shall be conducted. The right to contest an election is not a common
law right. Elections belong to the political branch of the Government, and in
the absence of the special constitutional or statutory provisions are beyond
the control of the judicial power. (Section 245, 246). A contested election case
is a proceeding in which the public is interested since it is for the public good.
An election contest is not merely a proceeding for the adjudication and
settlement of the private rights of rival claimants to an office. It is the public
interest not the parties claims which is the paramount legislative concern
(Section 247).
29. In America disputed elections are decided by the Legislature. In
Taylor v. Beckham. (1899) 44 L Ed 1187 = (178 US 548) the American
Supreme Court held that a determination of an election contest for the office
of the Governor is a political question and is not justiciable. In Truman H.
Newberry v. United States of America. (1920) 65 L Ed 913 the American
Supreme Court held that the manner of elections can be controlled. In David
S. Barry v. United State of America Ex. Re. Thomas W. Cunninggham. (1928)
73 L Ed 979 = (279 US 827) the decision of the American Supreme Court in
Charles W. Baker v. Joe C. Carr, (1962) 7 L Ed 2d 663 was referred to in
order to find out as to what aspects of elections would be justiciable and not a
political question. In Baker v. Carr (Supra) the delimitation of constituencies
was held to be a justiciable issue. In Julian Bond v. James ‘Sloppy’ Floyd.
(1966) 17 L Ed 2d 235 the exclusion of an elected representative because of