Erlam & Anor v Rahman & Anor [2015] EWHC 1215 (QB) (23 April 2015)

Erlam & Anor v Rahman & Anor [2015] EWHC 1215 (QB) (23 April 2015)

The court found, beyond reasonable doubt, that Mr Rahman was personally guilty and guilty by his agents of corrupt and illegal practices, including personation, postal vote fraud, bribery, treating, undue influence, and making false statements about a candidate, contrary to the Representation of the People Act 1983. These practices were sufficiently serious and widespread to void the election under s 159. The statutory defences were not made out. The election was therefore declared void and Mr Rahman was disqualified from holding elective office for five years.

Citation
[2015] EWHC 1215 (QB)
Parties
Petitioner: Andrew Erlam; Petitioner: Debbie Simone; Petitioner: Azmal Hussein; Petitioner: Angela Moffat; First Respondent: Mohammed Lutfur Rahman; Second Respondent: John S Williams
Jurisdiction
England and Wales
Judgment Date
23 April 2015
Procedural Posture
Election Petition / Final Judgment
Outcome
election declared void; first respondent disqualified
Legal Topics
Corrupt Practices, Illegal Practices, Personation, Postal Vote Fraud, False Statements About Candidates, Agency in Election Law, General Corruption, Representation of the People Act 1983
Election Law Public Law Corrupt Practices Illegal Practices Personation Postal Vote Fraud False Statements About Candidates Agency in Election Law +2 more

Case Brief

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Parties

Andrew Erlam

Petitioner

Debbie Simone

Petitioner

Azmal Hussein

Petitioner

Angela Moffat

Petitioner

Mohammed Lutfur Rahman

First Respondent

John S Williams

Second Respondent

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether the 2014 Tower Hamlets mayoral election was avoided by corrupt or illegal practices under the Representation of the People Act 1983
  2. 2 Whether the first respondent (Mr Rahman) or his agents committed corrupt or illegal practices
  3. 3 Whether the election should be set aside for general corruption under s 164 of the 1983 Act

Ratio Decidendi

The court found, beyond reasonable doubt, that Mr Rahman was personally guilty and guilty by his agents of corrupt and illegal practices, including personation, postal vote fraud, bribery, treating, undue influence, and making false statements about a candidate, contrary to the Representation of the People Act 1983. These practices were sufficiently serious and widespread to void the election under s 159. The statutory defences were not made out. The election was therefore declared void and Mr Rahman was disqualified from holding elective office for five years.

Court Disposition

election declared void; first respondent disqualified

Orders

  • The election of Mr Rahman as Mayor of Tower Hamlets is declared void.
  • Mr Rahman is disqualified from holding elective office for five years.