ExitJudgements
Election Petition Judgement : Birmingham 2004
Bordesley Green & Aston Wards (Labour fraud)
 Welcome The Main Characters1.Introduction19.The problem: voter apathy and its possible remedy28.The relevant officers30.The absent voters' list The mechanics of postal voting37.Step 1 - Application43.Step 2 - despatch of the postal votes to electors46.Step 3 - the elector's task49.Step 4 - processing the postal ballots66.Step 5 - the count69.Summary of the mechanics72.Cheating the system97.Electoral offences113.Election Petitions Grounds for setting aside an election122.Not duly elected127.Corrupt or illegal practices and general corruption134.Election Petitions - summary137.Detection and sanction139.The Returning Officer144.The Police158.What is left ?167.A problem foreseen188.Summary189.The 2004 Birmingham Elections189.Background199.Mr Owen's preparations207.Preparations for dealing with postal votes217.Political composition of the Council228.The postal vote avalanche237.The postal votes arrive255.The election campaign267.Polling day275.The count283.The results296.The procedural history of the Petitions308.The Scrutiny318.Scrutiny to trial335.Election Petitions - three legal issues335.Burden and standard of proof339.Who is an agent ?343.Is election law incompatible with the Human Rights Act ?364.Treatment of the Petitions Bordesley Green ward367.The case against the Labour Party Respondents The 14 types of fraud - Summary385.The 14 types of fraud - Details421.The involvement of the Labour Party Respondents430.Conclusions on the case against the Labour Party Respondents Aston ward434.The case against the Labour Party Respondents440.The Warehouse Incident443.The story as told by the Petitioners' witnesses449.The story as told by the police officers464.The story as told by Mr Islam, Mr Kazi and their witnesses473.The story as told by Mr Afzal475.Where does the truth lie ?492.What really happened500.What was going on at the warehouse ?505.The documentary evidence527.The involvement of the Labour Party Respondents530.Conclusions on the case against the Labour Party Respondents The Returning Officer536.Which rules must be breached to found a Petition ?549.The interpretation of s.48554.Breaches of the rules by the Returning Officer - general562.The Bordesley Green count604.Aston605.The Warehouse votes610.The Nickleby's bag659.Does conduct come within s.48 of the 1983 Act ?661.The general breaches668.The Nickleby's bag (again)671.Combination of general breaches and the Nickleby's bag674.Conclusions in respect of the Returning Officer677.The wider picture693.The Asian factor700.Some people701.Mr John Owen706.Mr John Hemming708.Mr Muhammed Afzal710.Two ladies712.CONCLUSIONS714.Afterword
Muhammed Afzal cleared by Appeal Court : [2005] EWCA Civ 647 Zulfiqar Khan cleared by Divisional Court : [2005] EWHC 2365 (Admin)


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