 In November 1960 , Lord Stansgate died . Benn automatically became a peer , preventing him from sitting in the House of Commons . The Speaker of the Commons , Sir Harry Hylton @-@ Foster , did not allow him to deliver a speech from the bar of the House of Commons in April 1961 when the by @-@ election was being called . Continuing to maintain his right to abandon his peerage , Benn fought to retain his seat in a by @-@ election caused by his succession on 4 May 1961 . Although he was disqualified from taking his seat , he was re @-@ elected . An election court found that the voters were fully aware that Benn was disqualified , and declared the seat won by the Conservative runner @-@ up , Malcolm St Clair , who was at the time also the heir presumptive to a peerage . 
