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§ 82. “Writs to be Issued.”

As we have already seen, the whole executive supervision and conduct of a senatorial election in each State, from the issue of the writ to the certification of returns, is, subject to certain restraints, vested in the State authority. The only restrictive mandate imposed on the Governor of a State is, that in case of a dissolution of the Senate, he must issue the writ within ten days from the proclamation of such dissolution. No express provision has been made as to the limit of time within which the writ issued by the Governor of a State should be returned to him. Section 5 provides that the Parliament shall be summoned to meet, after a general election, not later than thirty days after “the day appointed” for the return of the writs. As we have pointed out in our notes on that section, “the day appointed” there referred to means the time fixed by the Governor-General in Council for the return of the writs for the election of members of the House of Representatives. There is no express or implied power vested in the Governor-General in Council to appoint a day for the return of the senatorial writs or for the certification of names of senators chosen.

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