Erlam v Rahman

Erlam v Rahman
CourtHigh Court of Justice (Queen's Bench Division) Election Court
Full case name Erlam, Simone, Hussein & Moffat v Rahman & Williams
Decided23 April 2015 (2015-04-23)
Citations
Case history
Appealed toHigh Court of Justice (Queen's Bench Division) Administrative Court
Court membership
Judge sittingRichard Mawrey
Case opinions
  • Lutfur Rhaman reported personally guilty and guilty by his agents of corrupt and illegal practices
  • Corrupt and illegal practices for the purpose of promoting or procuring the election of Lutfur Rhaman as mayor so extensively prevailed that they may reasonably be supposed to have affected the result of the election
  • Alibor Choudhury reported personally guilty of corrupt and illegal practices
  • Corrupt practices extensively prevailed at the 2014 Tower Hamlets London Borough Council and Mayoral election
Keywords

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.[1] For the 2014 election, Rahman represented Tower Hamlets First, which was formed the year before with Rahman its leader and Choudhury its treasurer.[i] 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.[2]

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.[ii][3]

  1. ^ "Lutfur Rahman wins Tower Hamlets mayoral election". BBC News. 22 October 2010. Retrieved 27 April 2015.
  2. ^ "Election results for Tower Hamlets Mayoral Election – Thursday, 22nd May, 2014". Tower Hamlets Council. Retrieved 27 April 2015.[permanent dead link]
  3. ^ Steel & Shamash (10 June 2014). "Petition No: M/350/14" (PDF). Tower Hamlets Election Petition. Archived from the original (PDF) on 4 April 2016. Retrieved 27 April 2015.


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