21-126 - Inquiry into election and returns.
§ 21-126. Inquiry into election and returns.
Whenever the sense of the qualified voters of the district shall be taken onthe question whether the governing body shall issue bonds for one or more ofthe purposes for which the sanitary district was created, election andreturns shall be subject to the inquiry, determination and judgment of thecircuit court of the county upon the written complaint of twenty-five or moreof the qualified voters of the district, of an undue election or falsereturns, two of whom shall take an oath that the facts set forth in suchcomplaint are true to the best of their knowledge and belief, and the courtshall, in judging of such election and returns, proceed upon the meritsthereof and determine concerning the same according to the Constitution andlaws of this Commonwealth, but such complaint shall not be valid unless itshall have been filed within thirty days after the election in the office ofthe clerk of the court. The governing body of the county shall be made adefendant by summons or notice to its chairman of the filing of thecomplaint, and after such service of notice on the chairman of such governingbody, either party, upon reasonable notice to the other, shall be at libertyto take depositions to sustain or invalidate such election. Service of noticeon any three of the complainants shall be sufficient. The court shall proceedat its next term after such service of summons or notice to determine thecontest without a jury on the evidence, oral or written, unless good cause beshown for a continuance, and shall make a proper record of its judgment. Ifthe judgment be that the election was a valid one in favor of the issuance ofbonds in the district, the court shall make an order in conformity with §21-125.
(1946, p. 181; Michie Suppl. 1946, § 1560z5.)