There will be a hearing to decide if there should be a recount of provincial election results for the district of Burin-Placentia West.

New Democratic Party candidate Julie Mitchell lost the seat to Progressive Conservative Clyde Jackman by 40 votes in the election in October.

In an application to the Supreme Court of Newfoundland, Mitchell claims some ballots weren't scrutinized as they were counted.

Her application also claims that in three cases, people who don't live in the district voted there by special ballot.

A hearing on the NDP's application is scheduled to take place in November.

The NDP won 24 per cent of the votes cast in 2011 but it narrowly missed achieving opposition status.

The Progressive Conservative candidates were elected in 37 districts, Liberal candidates were elected in 6 districts and NDP candidates were elected in 5 districts.