Erlam & Anor v Rahman & Anor

Erlam & Anor v Rahman & Anor

The court found, to the criminal standard, that Mr Rahman and his agents committed multiple corrupt and illegal practices, including personation, false registration, bribery by grant, payment of canvassers, making false statements about a candidate, and undue spiritual influence. These practices were orchestrated and widespread, and Mr Rahman was personally guilty or guilty by his agents. The scale and nature of the offences voided the election under s.159 and s.164 of the Representation of the People Act 1983. Mr Rahman was disqualified from office and from standing in the re-run election.

Parties
Petitioner: Andrew Erlam; Petitioner: Debbie Simone; Petitioner: Azmal Hussein; Petitioner: Angela Moffat; First Respondent: Mohammed Lutfur Rahman; Second Respondent: John S Williams (Returning Officer)
Jurisdiction
England and Wales
Judgment Date
23 April 2015
Procedural Posture
Election Petition / Judgment After Full Trial
Outcome
Petition allowed; election of Mr Rahman as Mayor declared void; Mr Rahman disqualified from office and from standing in the re-run election; Mr Alibor Choudhury named and disqualified; report to High Court and Solicitors Regulation Authority ordered.
Legal Topics
Corrupt Practices, Illegal Practices, Bribery, Treating, Personation, False Statements, Undue Influence, General Corruption, Agency in Election Law, Electoral Procedure
Election Law Public Law Corrupt Practices Illegal Practices Bribery Treating Personation False Statements +4 more

Case Brief

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Parties

Andrew Erlam

Petitioner

Debbie Simone

Petitioner

Azmal Hussein

Petitioner

Angela Moffat

Petitioner

Mohammed Lutfur Rahman

First Respondent

John S Williams (Returning Officer)

Second Respondent

Procedural Posture

Election Petition / Judgment After Full Trial

Legal Issues

  1. 1 Whether the Mayoral election for the London Borough of Tower Hamlets held on 22 May 2014 was void due to corrupt and illegal practices by the First Respondent or his agents
  2. 2 Whether the First Respondent or his agents committed bribery, treating, personation, false statements, undue influence, and other electoral offences under the Representation of the People Act 1983
  3. 3 Whether general corruption so extensively prevailed that it may reasonably be supposed to have affected the result of the election

Ratio Decidendi

The court found, to the criminal standard, that Mr Rahman and his agents committed multiple corrupt and illegal practices, including personation, false registration, bribery by grant, payment of canvassers, making false statements about a candidate, and undue spiritual influence. These practices were orchestrated and widespread, and Mr Rahman was personally guilty or guilty by his agents. The scale and nature of the offences voided the election under s.159 and s.164 of the Representation of the People Act 1983. Mr Rahman was disqualified from office and from standing in the re-run election.

Court Disposition

Petition allowed; election of Mr Rahman as Mayor declared void; Mr Rahman disqualified from office and from standing in the re-run election; Mr Alibor Choudhury named and disqualified; report to High Court and Solicitors Regulation Authority ordered.

Orders

  • Election of Mr Rahman as Mayor of Tower Hamlets on 22 May 2014 declared void under s.159 and s.164 of the Representation of the People Act 1983.
  • Mr Rahman disqualified from holding elective office for five years.