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High Court grants judicial review and quashes appointment of two local councillors to the board of a statutory development body, on the grounds that: (a) the local authority had wrongfully adopted a 'successive voting' procedure that was not available in respect of the relevant appointment; and (b) the applicant, an unsuccessful candidate, was not estopped from challenging the procedure by virtue of having acquiesced in the process at the time.
Judicial review - local government - appointment of local councillors to board of non-governmental body (NGO) - voting process leading to appointment - application by unsuccessful candidate - procedure appointed by local authority to select appointees - Paragraph 18(1) of Schedule 10 of the Local Government Act 2001 - no nomination of candidate - statutory procedure not available in the circumstances - 'successive voting procedure' - requirement of paragraph 18 that a group be formed - wrongful adoption of 'hybrid' procedure - procedure for appointing councillors to board - alleged unfairness of successive voting - whether agenda precluded successive voting - whether applicant estopped from bringing challenge - alleged acquiescence.
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