Simmons v Khan [2008] EWHC B4 (QB) (18 March 2008)

Simmons v Khan [2008] EWHC B4 (QB) (18 March 2008)

The court found that Mr Eshaq Khan's election was procured by corrupt and illegal practices, specifically personation and fraudulent postal voting, committed by him and/or his agents. The evidence established beyond reasonable doubt that false names were entered on the electoral register and postal votes were fraudulently cast to secure his election. The extent of the fraud constituted general corruption likely to have affected the result. Accordingly, the election was declared void under the Representation of the People Act 1983.

Citation
[2008] EWHC B4
Parties
Petitioner: Lydia Emelda Simmons; Respondent: Eshaq Khan
Jurisdiction
England and Wales
Judgment Date
18 March 2008
Procedural Posture
Election Petition / Final Judgment
Outcome
election declared void
Legal Topics
Corrupt Practices, Illegal Practices, Postal Voting Fraud, General Corruption, Agency in Election Law, Burden and Standard of Proof
Election Law Public Law Criminal Law Corrupt Practices Illegal Practices Postal Voting Fraud General Corruption Agency in Election Law +1 more

Case Brief

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Parties

Lydia Emelda Simmons

Petitioner

Eshaq Khan

Respondent

Procedural Posture

Election Petition / Final Judgment

Legal Issues

  1. 1 Whether the election of Mr Eshaq Khan was procured by corrupt and/or illegal practices by him or his agents
  2. 2 Whether general corruption prevailed in the Central Borough Ward to the extent that it may reasonably be supposed to have affected the result
  3. 3 Interpretation of 'corrupt practices', 'illegal practices', and 'general corruption' under the Representation of the People Act 1983

Ratio Decidendi

The court found that Mr Eshaq Khan's election was procured by corrupt and illegal practices, specifically personation and fraudulent postal voting, committed by him and/or his agents. The evidence established beyond reasonable doubt that false names were entered on the electoral register and postal votes were fraudulently cast to secure his election. The extent of the fraud constituted general corruption likely to have affected the result. Accordingly, the election was declared void under the Representation of the People Act 1983.

Court Disposition

election declared void

Orders

  • Mr Eshaq Khan's election is set aside
  • A new election for Central Borough Ward of Slough Borough Council is ordered