Rehman v Khan

Rehman v Khan

There was no evidence that the respondent or his agents published or disseminated the Facebook post alleged to constitute undue influence, nor that the words amounted to a threat of spiritual injury as required by section 115(2)(a) of the Representation of the People Act 1983. The corrupt practice alleged was not proved to the criminal standard, and there was no evidence of extensive prevalence affecting the election result. The petition must be dismissed.

Parties
Petitioner: Shamsur Rehman; Respondent: 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

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Shamsur Rehman

Petitioner

Ansar Ali Khan

Respondent

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether the respondent 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 respondent or his agents published or disseminated the Facebook post alleged to constitute undue influence
  3. 3 Whether the alleged corrupt practice affected the result of the election under section 164 of the Representation of the People Act 1983

Ratio Decidendi

There was no evidence that the respondent or his agents published or disseminated the Facebook post alleged to constitute undue influence, nor that the words amounted to a threat of spiritual injury as required by section 115(2)(a) of the Representation of the People Act 1983. The corrupt practice alleged was not proved to the criminal standard, and there was no evidence of extensive prevalence affecting the election result. The petition must be dismissed.

Court Disposition

petition dismissed

Orders

  • Mr Ansar Ali Khan declared duly elected for Washwood Heath ward of Birmingham City Council on 7th May 2015
  • No corrupt practices found to have extensively prevailed