Tony Benn peerage disqualification

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Tony Benn's father died on 17 November 1960, and Benn inherited his peerage as Viscount Stansgate, with an automatic seat in the House of Lords. This disqualified Benn from sitting in the House of Commons, triggering a by-election on 4 May 1961. Benn, who wished to be allowed to disclaim his peerage, defied his inability to sit in the Commons by standing at the election, and he and St Clair were the only two candidates. St Clair's campaign displayed posters near every polling station warning voters that Benn was disqualified and that any votes for him would have no effect. Benn nevertheless won the election with nearly 70% of the votes and an increased majority of over 13,000.^{[citation needed]}

However, an Election Court considered what to do about the result, found that Benn was disqualified from being elected and that the voters were aware of this, and awarded the seat to St. Clair as the only duly qualified candidate. (At the time, St Clair was himself Master of Sinclair – heir presumptive (1957–1968) to his second cousin Charles St Clair, 17th Lord Sinclair, one of the Scottish representative peers in the House of Lords.)^[4]

Outside Parliament, Benn continued to campaign for a change in the law to allow him to disclaim his peerage and return to the Commons, and eventually the Conservative government agreed. The Peerage Act 1963, making such a change in the law, was given the Royal Assent and became law shortly after 6 p.m. on 31 July 1963. Benn was the first peer to disclaim his title, at 6.22 p.m. that day. St Clair had already given an undertaking that he would respect the wishes of the people of Bristol South East if Benn became eligible to take his seat again, so he immediately resigned by accepting the office of Steward of the Manor of Northstead.^[5][6] This triggered another by-election at which St Clair did not stand, and indeed there was no Conservative or Liberal candidate. On 20 August 1963, Benn was returned to the Commons with nearly 80% of the votes.^{[citation needed]}