[2] Gardner, a member of the Labor Party, won the seat of Bulimba at the 1950 Queensland state election, beating the sitting Independent Labor member, George Marriott and the Liberal Party candidate, John Hamilton.
[3] However, Hamilton appealed the decision and the Acting Chief Justice, Alan Mansfield found that there gross fraud committed in the election.
[3] Two days after the by-election, Bernard Maguire, the Chief Electoral Officer, was charged with eight counts of having forged ballot papers.
In September 1951 though, the Crown dropped the case after a jury failed three times to reach a verdict and Maguire was then discharged.
[1] Gardner went on to hold the seat until the 1957 Queensland state election, having sided with Premier Vince Gair to join the newly formed QLP after the ALP had split two months earlier.