Local election challenge thrown out on a technicality; HIGH COURT: Labour say battle not over yet.

Byline: By Fiona Scott POLITICAL EDITOR

TORY Cllr Altaf Adalat was today celebrating the High Court throwing out a bid by Labour to rerun his election to Coventry City Council.

He won by just six votes in the marginal Foleshill ward in May's local elections but his victory was later dogged by allegations of vote-rigging.

Labour claimed up to 10 voters had their identities "stolen" -saying they were actually out of the country when others voted in their name.

Defeated Labour candidate Malkiat Singh Auluck took out an election petition in the High Court asking it to overturn the result and, if necessary, rerun the election.

But yesterday the petition was thrown out by the High Court on a technicality after a challenge from Coventry City Council's elections officer, Chris Hinde.

Cllr Auluck's supporters later claimed the fight was not over yet.

They have passed a dossier to West Midlands police who are investigating the allegations that people impersonated voters.

Pretending to be someone else at the voting booth is a criminal offence, called personation, which carries a penalty of up to two years in prison or a fine of pounds 2,000 if tried at crown court.

Phil Townshend, solicitor for Mr Auluck, and also a Labour city councillor, revealed: "The police have also taken away a letter received by our firm for forensic examination.

"It would be a mistake for anyone to believe that this matter is at an end."

Cllr Adalat said today: "I'm very happy and feel vindicated as our party and team have worked hard to achieve victory in the local May elections.

"Unfortunately Mr Auluck decided to pursue this matter to the High Court and the High Court declared its verdict by throwing out the case and refusing them leave to appeal, with costs being awarded against them.

"There was an overwhelming opinion within the community that this action was based on sour grapes.

"The general perception is that the Labour party take for granted the community's support and any result that is detrimental to them, they always try to find scapegoats for their own failings and shortcomings."

Chris Hinde, the returning officer for Coventry City Council, last night explained his technical challenge.

He said Mr Auluck's solicitors did not send him the correct paperwork showing they had actually paid the correct money into court in advance of the case.

Mr Auluck did lodge pounds 2,500 with the court as security against costs, as requested, but his solicitors didn't notify Mr Hinde to the court's satisfaction.

Mr Hinde was named on the petition because he is the returning officer for elections and was responsible for their fair and open administration.

CAPTION(S):

CELEBRATING... Tory candidate Cllr Altaf Adalat enjoys victory in the local elections in May, and (below) Labour's Malkiat Singh Auluck.