The petitioner, a candidate on a local election, alleged that her opponent had arranged for the registration of many false names, and then used the associated postal votes.
Held: Where the 1983 Act or any related electoral statute makes conduct in relation to an election into a criminal offence, that conduct does amount to an illegal practice for the purposes of avoiding an election whether or not this is expressly spelled out in the section concerned. The question was whether the result should stand if the opponent would have won even without the results of the corrupt practice.
Judges:
Mawrey QC
Citations:
[2008] EWHC B4 (QB)
Links:
Statutes:
Representation of the People Act 1983 127, Representation of the People Act 2000
Jurisdiction:
England and Wales
Citing:
Cited – Khan, Islam, Jahan, Kazi v The Election Commissioner 2 and 4. the Election Commissioner for Aston Ward 3. Election Court at Birmingham Midland Institute QBD 19-Oct-2005
The court considered the difficulties created by the new systems for postal voting. . .
Lists of cited by and citing cases may be incomplete.
Elections
Updated: 01 July 2022; Ref: scu.270290
