<<<<<<ExitIndex>>>>>>High Court Election Petition (Slough 2007)

Judgment: Simmons v Khan

The Birmingham Election Case

(10)
The first case on the problems caused by the introduction of postal voting on demand concerned the petitions relating to elections held for the Wards of Aston and Bordesley Green of Birmingham City Council on 10th June 2004. I was the Election Commissioner appointed to try those petitions and delivered my judgment on 4th April 2005[1] . This judgment will be referred to as "the Birmingham Judgment".

(11)
As the Birmingham Judgment is currently the only reported case on many of the aspects of postal voting fraud - indeed it has been cited to the court by both counsel to support their arguments - it will be necessary to refer to its findings in this judgment. I shall try, however, to avoid lengthy repetition in this judgment of matters set out there, though some of the same ground will have to be covered.

 

[1] Petition M/307/04 (Aston), M/309/04 (Bordesley Green): judgment reported at [2005] All ER (D) 15. Judgment affirmed by Divisional Court [2005] EWHC 2365.