Ali v Bashir & Anor [2012] EWHC 3007 (QB) (30 October 2012)

Ali v Bashir & Anor [2012] EWHC 3007 (QB) (30 October 2012)

The petition complied with the substantive requirements of Rule 4(1) of the Election Petition Rules 1960 by conveying the essential information required, and the departures from the prescribed form caused no prejudice. Therefore, the petition should not be struck out.

Citation
[2012] EWHC 3007
Parties
Petitioner: Mohammed Ali; 1st Respondent: Mohammed Bashir; 2nd Respondent: Ray Morgan
Jurisdiction
England and Wales
Judgment Date
30 October 2012
Procedural Posture
Election Petition / Application to Strike Out Petition Before Divisional Court
Outcome
Application to strike out the petition dismissed
Legal Topics
Election Petitions, Procedural Compliance, Representation of the People Act 1983, Election Petition Rules 1960, Human Rights Act 1998
Election Law Administrative Law Election Petitions Procedural Compliance Representation of the People Act 1983 Election Petition Rules 1960 Human Rights Act 1998

Case Brief

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Parties

Mohammed Ali

Petitioner

Mohammed Bashir

1st Respondent

Ray Morgan

2nd Respondent

Procedural Posture

Election Petition / Application to Strike Out Petition Before Divisional Court

Legal Issues

  1. 1 Whether the election petition should be struck out for failure to comply with Rule 4 of the Election Petition Rules 1960
  2. 2 Whether the petition sufficiently stated the result of the election and grounds for relief
  3. 3 Whether strict compliance with the form in the Schedule to the Rules is mandatory

Ratio Decidendi

The petition complied with the substantive requirements of Rule 4(1) of the Election Petition Rules 1960 by conveying the essential information required, and the departures from the prescribed form caused no prejudice. Therefore, the petition should not be struck out.

Court Disposition

Application to strike out the petition dismissed

Orders

  • Scrutiny of ballots and documents to take place in Woking
  • 1st Respondent to pay the costs of the Petitioner and the Returning Officer, to be assessed on the standard basis if not agreed