Begum & Ors v Returning Officer for London Borough of Tower Hamlets [2006] EWCA Civ 733 (02 May 2006)

Begum & Ors v Returning Officer for London Borough of Tower Hamlets [2006] EWCA Civ 733 (02 May 2006)

The deputy returning officer's practice did not create a legitimate expectation; the breach of rule 7(3) did not warrant pre-election judicial intervention. Relief should not be granted before the election; challenges must be made by election petition after the election. The appeal is allowed and the election proceeds.

Citation
[2006] EWCA Civ 733
Parties
Claimant/respondent: Sultana Begum; Claimant/respondent: Mohammed Hassan; Claimant/respondent: Fayaz Ali; Defendant/appellant: Returning Officer for London Borough of Tower Hamlets
Jurisdiction
England and Wales
Judgment Date
02 May 2006
Procedural Posture
Appeal From Administrative Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Judicial Review, Legitimate Expectation, Local Government Elections, Breach of Official Duty, Relief Before Election, Nomination Paper Validity
Administrative Law Election Law Public Law Judicial Review Legitimate Expectation Local Government Elections Breach of Official Duty Relief Before Election +1 more

Case Brief

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Parties

Sultana Begum

Claimant/respondent

Mohammed Hassan

Claimant/respondent

Fayaz Ali

Claimant/respondent

Returning Officer for London Borough of Tower Hamlets

Defendant/appellant

Procedural Posture

Appeal From Administrative Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a legitimate expectation arose from the deputy returning officer's practice of checking nomination papers and notifying errors before the deadline
  2. 2 Whether breach of rule 7(3) of the Local Elections (Principal Areas) Rules 1986 occurred
  3. 3 Whether the High Court has jurisdiction to countermand a poll before an election

Ratio Decidendi

The deputy returning officer's practice did not create a legitimate expectation; the breach of rule 7(3) did not warrant pre-election judicial intervention. Relief should not be granted before the election; challenges must be made by election petition after the election. The appeal is allowed and the election proceeds.

Court Disposition

Appeal allowed

Orders

  • Election to proceed as scheduled
  • Respondents left to challenge result by election petition if appropriate