McNair v. Achord

Duckworth, Chief Justice.

While we have held in Whittle v. Whitley, 202 Ga. 633 (44 S. E. 2d 241), and Barrentine v. Griner, 205 Ga. 830 (55 S. E. 2d 536), that, where there is a lack of authority to hold an election due to non-compliance with *542a mandatory prerequisite to the calling of an election, the election -thus held is void ab initio, this ruling is an exception to the general rule that elections belong to the political branch of the government and equity will not interfere to protect a purely political right. See Altman v. Cooper, 212 Ga. 627 (94 S. E. 2d 685), and cases cited therein.…