Wilkes-Barre Election Contest

Dissenting Opinion by

Me. Justice Musmanno:

John E. Noonan was a candidate for the Office of City Treasurer in Wilkes-Barre. According to the official count of the election held on November 3, 1959, he was defeated by a margin of 111 votes by his opponent Frank A. Goekel. He filed a petition in the Court of Common Pleas of Luzerne County to contest the elec*514tion, asserting that 160 1 voters were given illegal assistance and were therefore disqualified. He prayed that the court conduct a hearing in the matter to the end that the votes of the illegally assisted voters be invalidated and that he,…