A Conservative candidate in Nelson has won a victory in the High Court after a mistake resulted in her being announced as runner-up instead of winner in the recent local elections.
The court ordered that Julie Green, who was standing in the Marsden West ward of Nelson Town Council, should now be allowed to take up her seat on the council.
Ms Green received 65 more votes than her opponent, Patricia Hannah-Wood, at the elections in May. However, she was prevented from taking her position as Councillor after the Returning Officer made a mistake and declared the runner-up as the winner. The officer later advised that electoral law meant the only way to correct this was via an election petition. Ms Green duly issued a petition, after which Ms Hannah-Wood resigned her seat.
Things took a turn following this resignation. The Returning Officer then argued that the petition could not succeed, with her barrister even going so far as to argue the legislation on resignations meant the petition was now hopeless and that Ms Green should pay her legal costs.
Commenting Julie said: “I was really shocked by this. The officer made a mistake, and I fully appreciate we are all human and mistakes happen. She was very apologetic and explained the need to go to Court to make this right, so I did.
“However, she then completely changed once the person who lost the election decided to resign from the seat she never won. Her legal team then argued the votes cast on 4th May should be ignored and that I should have to withdraw my petition, thus losing money spent to issue it and opening me up to paying her legal fees – all because she said the wrong name at the count. I was quite angry and concerned about this.
“Happily, I was supported by a brilliant legal team. Without them I don’t know what I would have done.
“I am delighted that the court has agreed that the votes people cast should be respected, and I can’t wait to start doing the job I should have started months ago for the people of Marsden West ward.
Julie’s solicitor James Roochove added: “This was an important case. If the Returning Officer’s argument had succeeded, it would have caused chaos to the way we challenge election results in the UK.
“It would have given the person being challenged in court an effective power of veto over the whole process by resigning, potentially costing petitioners tens of thousands and, in cases like Julie’s, could see perfectly legitimate election results being ignored and public money being wasted on unnecessary by-elections. Happily, this judgment ruled that out.
“I’m delighted to be able to help Julie through what has been a very stressful time and I am also indebted to the invaluable help provided by her barrister Greg Callus of 5RB.”