History
The Court's jurisdiction over disputed electoral returns can be traced to the practices of the United Kingdom Parliament. There were disputes between the Chancery Court and the House of Commons as to which body had the authority to determine who was rightly elected to Parliament. In 1770, the Grenville Act 1770 (UK) established a form of jury system in which a Select Committee of the House of Commons handled the determination of these disputes. Later, a committee of 11 members were chosen by ballot to report their decision to the House. In 1868, the Parliamentary Elections Act 1868 (UK) was passed conferring jurisdiction on two judges of the Queen's Bench to determine these issues. The transfer of jurisdiction from Parliament to the courts was hastened by a concern with the partisanship of Parliament in ruling on electoral disputes. Essentially, voting along party lines made these disputes an exercise in the numbers rather than a determination on the merits.
Read more about this topic: Court Of Disputed Returns (Queensland)
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