Ali v Bashir & Anor

Ali v Bashir & Anor

The court found, beyond reasonable doubt, that Mr Bashir and his agents committed corrupt and illegal practices, including personation and fraudulent postal voting, to procure his election. The number of fraudulent votes exceeded the margin of victory, and general corruption so extensively prevailed that it may reasonably be supposed to have affected the result. The election was therefore void under s.159 and s.164 of the 1983 Act.

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 for corrupt and illegal practices and general corruption; Mr Bashir disqualified from being elected to fill the vacancy.
Legal Topics
Corrupt Practices, Illegal Practices, Personation, Postal Vote Fraud, Electoral Registration, General Corruption, Agency in Election Law, Burden and Standard of Proof
Election Law Criminal Law Administrative Law Corrupt Practices Illegal Practices Personation Postal Vote Fraud Electoral Registration +3 more

Case Brief

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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 himself or his agents
  2. 2 Whether there was general corruption in the Ward affecting the election result
  3. 3 Whether the evidence met the criminal standard of proof for corrupt/illegal practices and the civil standard for effect on result

Ratio Decidendi

The court found, beyond reasonable doubt, that Mr Bashir and his agents committed corrupt and illegal practices, including personation and fraudulent postal voting, to procure his election. The number of fraudulent votes exceeded the margin of victory, and general corruption so extensively prevailed that it may reasonably be supposed to have affected the result. The election was therefore void under s.159 and s.164 of the 1983 Act.

Court Disposition

Election of Mohammed Bashir declared void for corrupt and illegal practices and general corruption; Mr Bashir disqualified from being elected to fill the vacancy.

Orders

  • Election of Mr Bashir as councillor for Maybury and Sheerwater Ward of Woking declared void under s.159(1) and s.164(1)(a) of the Representation of the People Act 1983.
  • Mr Bashir declared incapable of being elected to fill the vacancy under s.164(1)(b) of the 1983 Act.