Nikki Kaur has been declared the new councillor for Kingston City Council’s Melaleuca Ward. Still, the result will be subject to scrutiny at the Victorian Civil and Administrative Tribunal after electoral authorities identified irregularities involving postal votes.
The Victorian Electoral Commission declared Cr Kaur elected on Friday, 14 August, following a closely fought postal by-election in Melbourne’s south-east. She immediately took the oath of office and will continue serving as councillor unless and until further action is taken following the VCAT process.
However, the VEC announced on the same day that matters concerning postal voting had been referred to Victoria’s Local Government Inspectorate after irregularities were detected during the commission’s routine election integrity checks. The VEC will also seek an inquiry through VCAT into the validity of the election.
The official results show just how close the contest became after preferences were distributed.
Cr Kaur received 4,336 votes, or 51.33 per cent, after preferences, while Glenn Dumbrell finished with 4,111 votes, or 48.67 per cent — a final margin of just 225 votes.
Mr Dumbrell had actually led the field on first preferences, receiving 1,591 votes, or 18.84 per cent. Cr Kaur received 1,260 first-preference votes, or 14.92 per cent, narrowly ahead of Louise Black, who received 1,246. Preferences from the remaining candidates ultimately pushed Cr Kaur ahead.
Thirteen candidates contested the seat after Brendan Jon Lenarcic retired from the race before ballot papers were issued. A total of 8,447 formal votes and 469 informal votes were counted from an enrolment of 11,285, producing voter turnout of 79.01 per cent.
The by-election was conducted entirely by post, with ballot packs mailed to enrolled voters from July 13 and voting closing at 6 pm on July 31. The election was required following the resignation of former Melaleuca Ward councillor Tess Law earlier this year.
Election Manager Rod Van Cooten formally declared Cr Kaur elected at 10 am on August 14 at the Kingston election office in Cheltenham.
But the declaration was accompanied by an unusually serious warning from the VEC.
Electoral Commissioner Sven Bluemmel said allegations of interference with a person’s vote were treated seriously because public confidence depended on the integrity of the electoral system.
“The integrity of Victoria’s elections is fundamental to public confidence in our democracy,” Mr Bluemmel said.
“Victorians have the right to cast their vote freely. Any attempts to undermine that right must be taken seriously and appropriately investigated.”
The VEC has not publicly detailed the precise nature or number of postal ballots involved in the irregularities. Its official statement said the concerns were detected through routine integrity checks and had been referred to the Local Government Inspectorate for investigation.
The commission said its role was focused on protecting the integrity and validity of the election, while any question of criminality would be a matter for the appropriate authorities.
“We will fully cooperate with and support any investigation undertaken by the appropriate agencies,” Mr Bluemmel said.
The Electoral Commissioner has also urged anyone with information about suspected interference in the Melaleuca Ward by-election to contact the Local Government Inspectorate.
The VEC’s public statement does not accuse Cr Kaur or any other candidate of involvement in the suspected irregularities, and no finding of wrongdoing against any candidate has been announced.
The VCAT referral is instead intended to examine whether the issues identified with postal voting affect the legal validity of the election result.
Kingston Mayor Georgina Oxley said the council was committed to protecting local democracy and would cooperate with the VEC and other authorities.
Council welcomed both the VCAT process and the referral of the matter to the Local Government Inspectorate, while confirming Cr Kaur would continue serving as councillor pending further advice.
At the same time, Cr Oxley congratulated the newly elected councillor.
“It is my pleasure to congratulate Nikki on her election and welcome her to Council,” Cr Oxley said.
“I look forward to working alongside Cr Kaur and my fellow councillors as we continue delivering the projects, services and advocacy that matter most to our community.”
Cr Kaur said she was honoured to have been elected and thanked Melaleuca Ward residents for supporting her.
“I’m looking forward to getting out into the community, meeting residents and businesses, listening to what’s important to people and working alongside my fellow councillors to make a positive difference for Melaleuca Ward and the wider Kingston community,” she said.
Cr Kaur has lived in Kingston for almost two decades and has been active as a community volunteer. She also has a professional background in information technology and occupational health and safety.
Her own campaign material described Kingston as her family’s home for more than 20 years.
The result represents a turnaround for Cr Kaur after she unsuccessfully contested Bunjil Ward at Kingston’s 2024 council election. On that occasion she received 3,620 votes, or 43.04 per cent, against Tony Athanasopoulos, who was elected with 56.96 per cent.
This time, despite trailing Mr Dumbrell on first preferences, the preferential voting system ultimately delivered Cr Kaur the Melaleuca Ward seat by 225 votes.
The narrow margin is likely to place additional attention on the VCAT proceedings, particularly as the VEC has itself taken the unusual step of seeking an inquiry into the validity of an election it has formally declared.
The commission nevertheless continues to list Cr Kaur as the elected candidate, with its official notice of result confirming her election to Melaleuca Ward.
Kingston City Council CEO Peter Bean also thanked all candidates who contested the vacancy.
“Standing for election takes time, commitment and courage, and I thank every candidate for their willingness to contribute to their community and to the democratic process,” Mr Bean said.
“I congratulate Cr Kaur and wish her all the very best as she begins her term as a local Councillor, serving and leading the Kingston community.”
For now, Kingston has a new Melaleuca Ward councillor, but the electoral process is not yet completely settled.
Cr Kaur will sit on the council and represent the ward while the Local Government Inspectorate examines the suspected postal voting irregularities and the VEC pursues its application to VCAT.
The ultimate question before the tribunal will be whether the irregularities identified by electoral officials have any bearing on the validity of the result — a contest decided by only 225 votes.
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