245.065. Improper election of board of supervisors--court to declare vacancies--new election called. - Missouri Statutes

Improper election of board of supervisors--court to declarevacancies--new election called.

245.065. If it is made to appear to the judge of the circuitcourt organizing the district, either in term time or vacation,by an application in writing made by any person or personsinterested, that any meeting of landowners for the election ofthe board of supervisors or any member thereof, held undersection 245.060, was improperly called or that the notice thereofimproperly or insufficiently stated the time and place of suchmeeting, or that such notice was not published for the propertime or in the proper manner or was for any other reasoninsufficient, the circuit judge shall order the clerk of thecourt in which the district was organized to notify by summonsthe supervisor or supervisors to be affected thereby, settingforth a copy of the application filed and requiring such memberor members to appear before the court at a time and place thereinspecified, which time shall be not less than five days from thereceipt of said notice, and show cause why, if any there be, saidoffice or offices shall not be declared vacant. If it appear tothe court at the hearing of the objection or complaint that thesaid notice of landowners' meeting and election was for anyreason insufficient, the court shall declare said office oroffices vacant and he shall direct the clerk of the courtorganizing the district to call a meeting of the property ownersfor the purpose of electing other supervisors to fill the vacancyor vacancies, and thereupon it shall be the duty of the saidclerk to call and give notice of such new meeting, in the mannerand for the time specified in section 245.060. The meeting ofthe property owners and the election of the supervisor orsupervisors shall be conducted, in all particulars, as prescribedin section 245.060, and the supervisor or supervisors thuselected shall supersede the member or members previously elected,and upon qualifying as provided in sections 245.070 and 245.075,such supervisors shall thereupon become the true corporateauthorities of the district for the unexpired term or terms ofthe de facto supervisor or supervisors whose offices have beenvacated as herein provided; provided, that where such vacancyshall occur because of the insufficiency of notice of the annuallandowners' meeting held under the provisions of section 245.070,the remaining qualified supervisors shall fill such vacancy byappointment, such appointed supervisor to hold office only untilthe next regular annual landowners' meeting, at which time a newsupervisor shall be elected to fill out the remaining unexpiredterm.

(RSMo 1939 § 12497)

Prior revisions: 1929 § 10907; 1919 § 4601