THE losing candidate in a local election must return more than £50,000 to the winning candidate and the returning officer after his challenge to the result was dismissed.
Montaz Ali Azad started a petition after losing out to Labour's Cllr Abdul Jabbar by some 70 votes in Oldham's Coldhurst Ward on May 6.
In it, the independent candidate made multiple allegations against Cllr Jabbar, now the council's deputy leader, and against an unnamed official who was responsible for overseeing the local election.
These included suggestions of personation, where a person pretends to be someone else to vote in their name, as well as suggestions the ballot boxes might not have been checked before being sealed.
Mr Azad's challenge to the result went to the High Court, but before it could consider the petition, it was withdrawn.
The withdrawal was allowed at a hearing on Friday by Judge Andrew Saffman.
He said: "I give leave for the petition to be withdrawn.
"There is no virtue in pursuing it in the circumstances.
"There is no basis for taking the view that the result is open to being impugned.
"The petition is dismissed."
After the dismissal, the hearing turned its attention to the costs incurred by Cllr Jabbar and the returning officer in preparing to defend themselves against the allegations.
Francis Hoar, representing Mr Azad, tried to limit the expense to the independent candidate by saying lawyers for the council's deputy leader and the unnamed official spent too much time on parts of their preparation.
But the representatives for Cllr Jabbar and the returning officer hit back at him.
Ted Loveday, representing Cllr Jabbar, said: "The figure is reasonable. He is defending his seat. He is defending his reputation."
And Timothy Straker, representing the returning officer, said: "The petition contained serious allegations. One has got to deal with serious allegations comprehensively."
Judge Saffman allowed small cuts to the costs incurred by Cllr Jabbar and the returning officer, but said most of these costs were 'appropriate'.
He ordered Mr Azad to return £23,814 to Cllr Jabbar and £28,713 to the returning officer – a total of £52,527.
Mr Azad has until 4pm on January 14, 2022 to pay it.
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