C-27.1 - Municipal Code of Québec

Section 408 Disposition versions

1988-01-01

408. (Repealed).

M.C. 1916, a. 318; 1925, c. 84, s. 3; 1933, c. 118, s. 2; 1982, c. 63, s. 19; 1987, c. 57, s. 749.

0001-01-01

408. The court, by its judgment, may confirm or annul the election, or declare another person to have been duly elected.

An appeal lies from the judgment to the Court of Appeal.

The appeal must be brought within 15 days after the date of the judgment and be heard by preference over any other appeal, at the first term of the Court following the inscription.

Notwithstanding article 29 of the Code of Civil Procedure (chapter C-25), the interlocutory judgments rendered in a suit to contest an election under this Code are not subject to appeal; the party may, however, plead such judgments, which may then be reviewed at the same time as the judgment on the suit itself, if the latter judgment is appealed.

Where the judgment is based on the ground that the defendant has been found guilty of committing an indictable offence, it is executory immediately and notwithstanding the appeal. Nevertheless, the office is deemed vacant only from the day the judgment becomes final, unless the vacancy occurs sooner for another reason provided for by law, but the defendant is not entitled, in the meantime, to any indemnity, allowance, salary or remuneration attached to the office.

The judgment of the Court of Appeal is without appeal.

M.C. 1916, a. 318; 1925, c. 84, s. 3; 1933, c. 118, s. 2; 1982, c. 63, s. 19.