Elwyn Watkins (left) is challenging the result of Phil Woolas’s election in Oldham Two High Court judges are due to begin hearing evidence to decide whether former immigration minister Phil Woolas can remain an MP.
Defeated Liberal Democrat candidate Elwyn Watkins wants a re-run of May’s Oldham East and Saddleworth contest.
He claims the result was swayed by Labour campaign leaflets containing false claims about foreign donations and support from Muslim extremists.
Mr Woolas, who won with a majority of just 103 votes, denies the allegations.
He says he will “robustly defend” himself.
The case has been brought under the rarely-used section 106 of the Representation of the People Act (1983).
Under the act, anyone involved in an election who “makes or publishes any false statement of fact in relation to the candidate’s personal character or conduct” is guilty of an illegal practice – unless they can show “reasonable grounds for believing, and did believe, that statement to be true”.
On Monday, Saddleworth Civic Hall will temporarily become a election court – in the first case of its kind in 99 years – for the hearing.
Legally, the onus is on Mr Watkins to prove his case if he is to win.
If found guilty, Mr Woolas could be fined and barred from public office.
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