An election petition can be used to challenge the result of elections. A petition for a local government election can be presented by:1
a person who claims that they were a candidate at the election, or
four or more persons who either voted at, or who had the right to vote at, the election
An election petition may not be presented by any electors who have registered anonymously.
What is the basis for an election petition?
The allowable grounds for a local government election petition are that:2
the person whose election is questioned was not duly elected
the person whose election is questioned was disqualified at the time of the election
the election was avoided by corrupt or illegal practices or on the grounds specified in Sections 164 and 165 of the Representation of the People Act 1983 (as amended)
Who is made a respondent?
The duly elected candidate whose election is questioned by the petition will be the respondent to the petition. If the petition relates to the conduct of the election, you may also be a respondent to the petition as Returning Officer.
Deadlines and locations for bringing petitions
A petition at a local government election must normally be presented within 21 calendar days after the date on which the election was held.3
Further time may be allowed in certain circumstances.
Any person who is considering presenting an election petition should be advised to take their own legal advice. For any questions relating to election petitions and the process for submitting petitions, including to confirm the deadlines, you should contact the Elections Petitions Office:
The Election Petitions Office Room E105 Royal Courts of Justice Strand London WC2A 2LL