The Supreme Court has dismissed the latest attempt by Julian Fidge to be elected to Wangaratta Council, agreeing the argument that his human rights were breached was "futile and without merit".
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There was a vacancy in Wangaratta when former councillor Ruth Amery died in 2017.
In following the legislation, the 1971 ballot papers that contributed to Cr Amery's election were recounted and Ashlee Fitzpatrick was elected to the position.
But if a different countback method had been used and all the ballot papers were recounted, it is likely Dr Fidge would have gone onto the council instead.
Despite his first appeal being dismissed by the Victorian Civil and Administrative Tribunal, he applied for the right to have the case heard in the Supreme Court.
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Judge Timothy Ginnane handed down his ruling this week, saying Dr Fidge received a fair hearing and VCAT had made the right decision.
He said Dr Fidge argued that "the countback procedures were undemocratic because they ignored or discarded the majority of votes cast in the initial election" and this meant they were "unconstitutional".
"The tribunal was entitled to take into account that there were a range of voting systems that might be described as democratic, and it was not suggested that there was only one method of filling extraordinary vacancies that meet the description of 'democratically elected'," he said.
The countback method has continued to be used in other Victoria elections.
"In those circumstances, amending them is a matter for public debate and then for the Parliament to determine," Judge Ginnane said.
