5:32pm Monday 20th July 2009
By Tom Shepherd
A FORMER Green county councillor failed in her bid to force a re-run of a county council election – because she couldn’t afford the fee.
Sushila Dhall petitioned the High Court after claiming hundreds of polling cards were not delivered to voters in the West Central Oxford division.
But she was told to pay £340 up front and expect further costs in excess of £2,500 for the case to be heard by a judge. Instead, she has referred her case to the Electoral Commission.
Ms Dhall said several hundred households in her division did not receive polling cards and did not vote on June 4 as a result.
She said: “I can’t prove that this would have altered the result, but I think it could have meant a different result, and therefore is an issue of democracy. This isn’t over yet.”
Ms Dhall lost by 128 votes to Liberal Democrat Alan Armitage for one of the division’s two seats.
Labour’s Susanna Pressel, Oxford’s last Lord Mayor, won the other.
The city council, which organised the election, confirmed it received “a high number of complaints” about the missing poll cards. But it said the declared result was “correct and valid”.
Deputy returning officer Jeremy Thomas said: “Some complaints will be unfounded as poll cards are often discarded, mislaid or ignored.
“Poll cards are not required to vote and neither do they entitle a person to vote.
“They are a reminder to an eligible voter of the date of polling day and the location of the polling station.
“It is the fact of being on the electoral register which entitles a person to vote.
“That said, it is clearly of concern to us that some poll cards were not delivered.
“We have made inquiries and checks of our deliverers – of which there are approximately 60 – and our print runs, and we can find no obvious cause for non-delivery.
“I am aware Ms Dhall lodged papers at the High Court, but they did not constitute an effective election petition.
“A declared election result can only be overturned if the court is satisfied there was a serious procedural irregularity which affected the result.
“In the absence of such a finding the declared result is correct and valid.
“The time limit for lodging a petition has now passed.”
Ms Pressel said: “It was disappointing that the city council failed to get the polling cards delivered properly, but I think I probably lost more votes than she did.”
tshepherd@oxfordmail.co.uk
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