Row over poll due to end

A legal challenge to the controversial end of a Burnley Council election count was today due to be made in the High Court.

The British National Party will discover today if a full court hearing will be staged into the Rosegrove with Lowerhouse ballot in May. Lawyers representing four named voters will argue that their case against Paul Reynolds, who won the ballot by drawing lots, should be contested at trial.

After a recount, BNP candidate Peter Rowe and Labour's Mr Reynolds were found to have polled 489 votes each in the neck-and-neck Rosegrove ballot, On the first count, Mr Reynolds, of Florence Street, Burnley, polled two less votes than Mr Rowe, of Cowper Street. But the recount unearthed one Labour vote, thought to have been miscounted as a Conservative vote, and one ballot paper, at first believed to be void, which was reinstated in favour of Mr Reynolds.

With the election tied the two men drew lots from a ballot box and Mr Rowe lost.

Last May a petition signed by Michelle Pilling, Scott Atkinson, Susan McDevitt and Ian Smith was lodged with Manchester County Court, disputing the outcome. This legal challenge has now reached the High Court and is set to be heard by Mr Justice Teare in courtroom number 25 today. The high court judge will decided whether the case merits a full trial hearing at a later date.

Returning officer Steve Rumbelow, Burnley Council's chief executive, has previously insisted that the correct procedures were followed at the May count.

Coun Reynolds was unavailable for comment. But Coun Lilian Clark, who serves for Labour with Coun Reynolds in Rosegrove with Lowerhouse, accused the BNP of trying to court publicity through the challenge. She said: "I don't really see any other reason for them doing it because I don't see how they have anything to gain."

But Coun Sharon Wilkinson, who leads the BNP group on the council, said: "It's the electors themselves who are petitioning and they obviously feel that the result was inconclusive. I hope they will find that something can be done about that."

Whatever the outcome of the case it will not alter the overall balance of power in Burnley. Either way the ruling Lib Dem and Tory alliance will still hold enough combined seats to retain overall control. The Labour party currently has 17 councillors and the BNP just four, after losing two further seats in the May polls.

Lancashire Evening Telegraph