By Victoria Stone-Meadows
OUSTED Casey City councillor Gary Rowe has launched legal proceedings against the Victorian Electoral Commission following his loss in the recent elections.
Mr Rowe claims he lost his seat representing Mayfield ward to Steve Beardon by less than 100 votes but was denied a recount.
“When I went out, the difference between myself and next person was 96 votes, a very small margin,” he said.
“I requested a recount on the grounds I had heard anecdotally there were inconsistencies in which manner in which the returning office handled ballot papers at the Berwick counting office.”
Mr Rowe also says he received statutory declarations from vote counters that there were failures at the Berwick counting office to properly handle votes that may have been informal.
However, Mr Rowe says when he requested a recount of the votes before the declaration of the polls he was told the VEC would not grant him one.
Mr Rowe said his legal action is not about winning or losing the election but about the due process of vote counting.
“I have nothing against the City of Casey, my complaint is with the VEC and the VEC’s process and failure to listen,” he said.
“It’s a process issue.”
The man declared the winner of the seat in Mayfield, Steve Beardon, has hit back at Mr Rowe’s legal action.
“Gary Rowe you are wasting your time,” Cr Beardon said.
“We took on the might of the Liberal Party, the might of all their money, billboards, direct mailouts, their army of volunteers, and beat off everything that Rowe, Stapledon and their Liberal army could throw at us and won our victory through hard work.”
Cr Beardon has also claimed Mr Rowe has launched the inquiry in his interest as a member of the Liberal Party.
“It is reasonable to presume a number of Liberal Casey councillors are eyeing off Liberal preselection for the next State Election,” he said.
“Is this just a Liberal power struggle as this action serves little if not resolved quickly?”
The VEC declined to comment on the matter while it is before the Municipal Electoral Tribunal.
Mr Rowe’s action will be first heard by the Municipal Electoral Tribunal on Friday 9 December.