Rehman v Khan [2015] EWHC 4168 (Admin) (12 November 2015)

Rehman v Khan [2015] EWHC 4168 (Admin) (12 November 2015)

There was no evidence that the respondent or his agents published or shared the Facebook post in question, nor that the post constituted a threat of spiritual injury as required by section 115(2)(a) of the Representation of the People Act 1983. The allegations of corrupt practice were not proved to the requisite criminal standard. Accordingly, the petition was dismissed and the respondent was found to have been duly elected.

Citation
[2015] EWHC 4168 (Admin)
Parties
Petitioner: Shamsur Rehman; Defendant: Ansar Ali Khan
Jurisdiction
England and Wales
Judgment Date
12 November 2015
Procedural Posture
Election Petition / Final Judgment
Outcome
Petition dismissed
Legal Topics
Corrupt Practices, Undue Influence, Spiritual Injury, Costs in Election Petitions
Election Law Administrative Law Corrupt Practices Undue Influence Spiritual Injury Costs in Election Petitions

Case Brief

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Parties

Shamsur Rehman

Petitioner

Ansar Ali Khan

Defendant

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether the respondent or his agents committed the corrupt practice of undue influence by spiritual injury under section 115(2)(a) of the Representation of the People Act 1983
  2. 2 Whether the election should be avoided due to extensive prevalence of corrupt practices under section 164 of the Representation of the People Act 1983
  3. 3 Whether the respondent or his agents published or shared the Facebook post alleged to constitute a corrupt practice

Ratio Decidendi

There was no evidence that the respondent or his agents published or shared the Facebook post in question, nor that the post constituted a threat of spiritual injury as required by section 115(2)(a) of the Representation of the People Act 1983. The allegations of corrupt practice were not proved to the requisite criminal standard. Accordingly, the petition was dismissed and the respondent was found to have been duly elected.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • Respondent declared duly elected for Washwood Heath ward, Birmingham City Council, 7 May 2015