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

Judgment: Simmons v Khan

Conclusions

(337)
Applying, therefore, as I must, the criminal standard of proof, I am satisfied and certify that in the election for the Central Ward of Slough held on 3rd May 2007:

(a)    the Respondent Mr Eshaq Khan both by himself and by his agents was guilty of the corrupt practice of personation contrary to s 60 of the 1983 Act;

(b)    the Respondent Mr Eshaq Khan both by himself and by his agents was guilty of corrupt practices contrary to

s 62A(2)(a)
s 62A(2)(b)
s 62A(2)(d)

of the 1983 Act;

(c)    the Respondent Mr Eshaq Khan both by himself and by his agents was guilty of illegal practices contrary to

s 13D(1) of the 1983 Act
s 61(1)(a) of the 1983 Act
s 65(1) of the 1983 Act
Sch 4 para 8 of the 2000 Act.

(338)
I am also satisfied to the same standard of proof and certify that in the election for the Central Ward of Slough held on 3rd May 2007:

(a)    there were corrupt and illegal practices for the purpose of promoting or procuring the election of the Respondent Mr Eshaq Khan at that election and

(b)    those corrupt or illegal practices so extensively prevailed that they may reasonably be supposed to have affected the result of such election.

(339)
Consequently I declare the election of Mr Eshaq Khan as councillor for the Central Ward of Slough to have been avoided by such corrupt or illegal practices pursuant to s 159(1) of the 1983 Act and also to have been avoided on the ground of general corruption pursuant to s 164(1)(a) of the 1983 Act.

(340)
It is declared that Mr Eshaq Khan shall be incapable of being elected to fill the vacancy for the Central Ward of Slough under s 164(1)(b) of the said Act.

(341)
As I am required to consider the matter under s 145(3) of the 1983 Act, I find that there is no reason to believe that corrupt practices have extensively prevailed at the election of 3rd May 2007 in any other part of the area of Slough Borough Council.

(342)
My conclusions will be embodied in the certificate of the court and will be the subject of my report to the High Court under sections 145, 158 and 160 of the 1983 Act.