Ali v Bashir & Anor [2013] EWHC 2572 (QB) (29 July 2013)

Ali v Bashir & Anor [2013] EWHC 2572 (QB) (29 July 2013)

The court found, applying the criminal standard of proof, that Mr Bashir and/or his agents were guilty of corrupt and illegal practices, including personation and false registration of voters, which procured his election. The evidence established that false names were entered on the register, postal votes were fraudulently obtained and cast, and these practices were sufficiently extensive to affect the result. The election was therefore void under s.159 and s.164 of the Representation of the People Act 1983.

Citation
[2013] EWHC 2572
Parties
Petitioner: Mohammad Ali; First Respondent: Mohammed Bashir; Second Respondent: Ray Morgan
Jurisdiction
England and Wales
Judgment Date
29 July 2013
Procedural Posture
Election Petition / Judgment After Trial
Outcome
Election of Mohammed Bashir declared void due to corrupt and illegal practices.
Legal Topics
Corrupt Practices, Illegal Practices, Personation, Postal Vote Fraud, Electoral Registration, Agency in Election Law, Standard of Proof in Election Petitions
Election Law Public Law Criminal Law Corrupt Practices Illegal Practices Personation Postal Vote Fraud Electoral Registration +2 more

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Parties

Mohammad Ali

Petitioner

Mohammed Bashir

First Respondent

Ray Morgan

Second Respondent

Procedural Posture

Election Petition / Judgment After Trial

Legal Issues

  1. 1 Whether the election of Mohammed Bashir was procured by corrupt and/or illegal practices by him or his agents
  2. 2 Whether there was general corruption in the Ward designed to secure his election
  3. 3 Whether the corrupt or illegal practices, if proved, were sufficient to void the election

Ratio Decidendi

The court found, applying the criminal standard of proof, that Mr Bashir and/or his agents were guilty of corrupt and illegal practices, including personation and false registration of voters, which procured his election. The evidence established that false names were entered on the register, postal votes were fraudulently obtained and cast, and these practices were sufficiently extensive to affect the result. The election was therefore void under s.159 and s.164 of the Representation of the People Act 1983.

Court Disposition

Election of Mohammed Bashir declared void due to corrupt and illegal practices.

Orders

  • A new election for the Maybury and Sheerwater Ward of Woking Borough Council is to be held.
  • Mohammed Bashir is disqualified from holding elective office for five years.