Begum & Ors v Returning Officer for London Borough of Tower Hamlets

Begum & Ors v Returning Officer for London Borough of Tower Hamlets

The Court of Appeal held that, although the returning officer was in breach of rule 7(3) by failing to examine the respondents’ nomination papers as soon as practicable, this did not give rise to a legitimate expectation the denial of which amounted to an abuse of power. The statutory scheme requires challenges to be brought by election petition after the election, and the circumstances did not justify pre-emptive judicial intervention. The appeal was allowed and the election permitted to proceed.

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
Civil Appeal / Appeal From Queen’s Bench Division, Administrative Court
Outcome
Appeal allowed
Legal Topics
Judicial Review, Legitimate Expectation, Breach of Statutory Duty, Local Government Elections
Election Law Administrative Law Judicial Review Legitimate Expectation Breach of Statutory Duty Local Government Elections

Case Brief

Summary, issues, holding and outcome

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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

Civil Appeal / Appeal From Queen’s Bench Division, Administrative Court

Legal Issues

  1. 1 Whether the High Court can intervene by judicial review in the conduct of local elections prior to their conclusion
  2. 2 Whether a legitimate expectation arose from the deputy returning officer’s statements and practices
  3. 3 Whether the returning officer was in breach of statutory duty under rule 7(3) of the Local Elections (Principal Areas) Rules 1986

Ratio Decidendi

The Court of Appeal held that, although the returning officer was in breach of rule 7(3) by failing to examine the respondents’ nomination papers as soon as practicable, this did not give rise to a legitimate expectation the denial of which amounted to an abuse of power. The statutory scheme requires challenges to be brought by election petition after the election, and the circumstances did not justify pre-emptive judicial intervention. The appeal was allowed and the election permitted to proceed.

Court Disposition

Appeal allowed

Orders

  • The order countermanding the election is set aside.
  • The election is permitted to proceed as scheduled.