Erlam and others v Rahman and another [2015] EWHC 1215 (QB) is an English election court case challenging the 2014 election of Lutfur Rahman as the Mayor of the London Borough of Tower Hamlets. On 23 April 2015, Election Commissioner Richard Mawrey voided Rahman's election under the Representation of the People Act 1983 on the grounds of corrupt and illegal practices by him and his agents, and general corruption so extensively prevailing so to reasonably supposed to have affected the election. Rahman's official election agent Alibor Choudhury was ordered to vacate his own office of councillor in the ward of Stepney Green for being guilty of corrupt and illegal practices.
Lutfur Rahman was first elected to the position of mayor in 2010, standing as an independent after controversy surrounded his placement on the Labour Party candidate shortlist and the eventual selection and almost immediate deselection as the party's official candidate. For the 2014 election, Rahman represented Tower Hamlets First, which was formed the year before with Rahman its leader and Choudhury its treasurer. Out of 84,234 accepted votes, Rahman received 36,539 (43.38%) first preference votes with John Biggs second with 27,643 (32.82%). Following a transfer of 856 (11.64%) second preference votes to Rahman and 6,500 (88.36%) to Biggs, Rahman was re-elected as mayor with a winning margin of 3,252 votes.
On 10 June 2014, Andy Erlam, Debbie Simone, Azmal Hussein, and Angela Moffat in their position as electors at the election presented a petition to the High Court questioning Lutfur Rahman's election as mayor on the grounds that among other things Rahman or his agents, or both, committed corrupt and illegal practices contrary to the 1983 Act. Independently of the allegation against Rahman, the petition also requested the election to be set aside on the ground that the returning officer John Williams or his officials, or both, failed to conduct the election correctly under election law.
Background
Facts
The 2014 Tower Hamlets Mayoral Election took place on 22 May 2014, concurrently with elections to all 45 seats on the Tower Hamlets London Borough Council, and the 2014 European Parliament election. Ten candidates stood for mayor, with incumbent Lutfur Rahman representing Tower Hamlets First and challengers representing the Conservative Party, Green Party, Labour Party, Liberal Democrats, UKIP, and TUSC along with 3 independents. Voting in the mayoral election was conducted using the supplementary vote system whereby the voter has the option to express a second preference choice, which would be counted in the event no candidate receives more than half the first preference votes and the second preference vote is for one of the two candidates with the most votes in the first round.
Lutfur Rahman was declared winner of the 2014 Tower Hamlets Mayoral Election some time before 2am on 24 May 2014 with a total of 37,395 first and second preference votes over John Biggs's 34,143 votes.
Legal context
The result of a local election may only be overturned as a result of findings following an election petition presented by one of the candidates or at least four eligible voters. The time limit for presenting a petition is generally 21 days after the election. Alternatively, anyone convicted in a criminal court of corrupt or illegal electoral practice is required to vacate their elected office. A successful challenge through an election petition voids the election itself, such that the otherwise successful candidate is not considered ever lawfully elected. In contrast, a criminal conviction causes a vacancy to arise, but the original election is considered valid. In either case, a person convicted or reported by an election court personally guilty of corrupt practices is additionally barred from holding any elective office or being registered as a voter for a period of five years. For illegal practices, the period of disqualification is three years.
