Berliner Tageszeitung - Surrey Political Group Opposes Court Bid to Avoid $840,000 Trustee Byelection

A political group in Surrey, British Columbia, has announced it will not oppose a legal application seeking to bypass a costly byelection for a vacant school board trustee position, arguing that the move raises significant questions about democratic precedent and legal authority.

The Our Surrey team stated that while it recognizes the financial pressures facing the local school district, it does not endorse the proposed outcome of having a court or provincial minister declare the next-highest candidate elected. The group emphasized that students must remain at the center of education decisions, but also stressed that the public deserves clarity on how the vacancy arose and the legal limits on replacing an elected official without returning the decision to voters.

The controversy centers on Gurmant Grewal Thind, who was elected as a Surrey school trustee in the recent municipal election. Thind is also the MLA-elect for the provincial riding of Cloverdale–Langley City. Under the Eligibility to Hold Public Office Act, enacted in May 2025, a local elected official who becomes a Member of the Legislative Assembly is deemed to have resigned their local office when the provincial election writ is returned.

This resignation creates a vacancy that, under Section 36 of the School Act, generally requires a byelection to fill. However, the financial cost of such a vote has drawn criticism. The proposed byelection is estimated to cost approximately $840,000, funds that the Our Surrey team argues are being diverted from an already strained education budget.

Initially, Thind publicly supported an application to the court under Sections 153 and 155 of the Local Government Act. These sections allow a judge to declare another candidate elected if there are issues with the original election’s validity or a candidate’s eligibility. Thind argued that this legislation would permit a judge to declare the next-highest candidate in his place.

However, as of November 5, the City of Surrey had not filed such an application. Instead, Surrey’s Chief Election Officer has asked the Minister of Housing and Municipal Affairs to exercise authority under Section 167 of the Local Government Act to achieve a similar outcome. This shift in legal strategy has prompted scrutiny regarding whether the ministerial power can override the School Act’s specific requirements for filling trustee vacancies.

The Our Surrey team highlighted that Sections 153 and 155 are tied to grounds for challenging an original election, such as eligibility issues at the time of voting. Thind was eligible to run, was duly elected, and remained qualified when the new board took office. The Eligibility to Hold Public Office Act treats his resulting vacancy as a resignation, which triggers the School Act’s byelection requirement.

"Does either provide the authority to replace a duly elected school trustee who subsequently resigns, rather than requiring a byelection under the School Act?" the group asked in its statement. "Even if the financial argument is compelling, the court must have the legal authority to grant the remedy being requested."

The group also raised concerns about the conduct of Surrey First Education, the political organization that ran Thind’s slate. They noted that the group continued promoting Thind as part of their full slate of six candidates even after he announced his provincial candidacy. His name appeared on their website, city signage, and newspaper advertisements, with social media posts mentioning him more than 30 times after he declared his run for provincial office.

Thind has stated that it was too late for him to withdraw from the trustee election. However, the Our Surrey team pointed out that two other provincial candidates withdrew after ballots had been printed, and elections officials advised voters that those votes would not be counted. They noted that Thind never formally withdrew or provided evidence of attempting to do so.

"The concern is the precedent this could establish: An electoral organization could continue promoting a candidate who may not serve, then seek to have that person replaced by another member of its slate without a further vote," the statement read.

The group also questioned the transparency of the school district’s role if public resources are used to pursue an appointment rather than a byelection. They asked who authorized the approach, what its legal basis is, and whether the same process would be supported regardless of which candidate stood to benefit.

As an alternative to burdening the school district, the Our Surrey team suggested that the provincial government could fund the byelection. They argued that while the current Conservative government did not call the provincial election, it inherits the responsibilities and consequences of decisions made by its predecessors. The group concluded that Surrey students should not bear the financial consequences of provincial political decisions.

"There may be a price tag on a byelection, but there is also a cost to setting aside the democratic process," the statement said. "Surrey students should not have to pay for either."

S. Soerensen--BTZ