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Electors' legal battle to unseat councillor
A GROUP of electors are planning a legal challenge that if successful could unseat a senior councillor from Leeds City Council.
Coun Robert Finnigan, leader of the Morley Borough Independent Group and a member of the council's Executive Board, successfully defended his Morley North seat in the recent local elections, winning by over 2,000 votes.
But a group of electors – led by Stewart McArdle, a former city councillor – are questioning Coun Finnigan's eligibility to stand and are preparing to submit an election petition to the High Court, challenging the Morley North result.
Mr McArdle has also made a complaint to West Yorkshire Police. Det Insp Steve Taylor said: "We have received an allegation of electoral malpractice in the Morley North ward, and are currently investigating these claims."
To stand in the election, candidates must meet at least one of a number of criteria relating to residency, tenancy, property ownership, place of work and voting registration connected to the local authority area in which they wish to stand.
Those pressing for the election petition maintain that since moving out of the Drighlington address he had when he was elected in 2004, Coun Finnigan – until recently employed as a local government officer by Kirklees Council – does not fulfil any of the criteria.
Mr McArdle said: "The crux of the matter is whether or not he has worked in the Leeds City Council boundary as his principal source of employment for the last 12 months."
An election petition must be made by four or more people eligible to vote in the ward concerned or by a person who was a candidate in that ward.
A petition has to be submitted within 21 days of the return of the election directly to the High Court. The High Court can then set up an Election Court to hold a trial. The court has the authority declare the election of a councillor to be invalid, leading to a vacancy and a by-election.
Coun Finnigan said he was confident he met the criteria relating to a candidate's main place of work being in the local authority area in which they wished to stand.
He said: "That's the box I ticked and that is based on the fact that your work as a councillor is classed as work."
Meaning
Coun Finnigan said that principle had been established in the case of Parker versus Yeo which went to the Court of Appeal, where it was ruled the term "work" had a wider meaning than just business or employment and covered work as a councillor.
He added: "If Mr McArdle and others wish to challenge that Court of Appeal decision, my message is – Go do it."
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Sunday 12 February 2012
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