High Court halts by-election as local authority and councillor row over 'resignation'

A by-election due to take place today (Thursday) in Wigan has been called off at a few hours’ notice after intervention by the High Court.

The council said it called the Bryn ward by-election after Independent councillor Steve Jones resigned.

But Mr Jones maintained he had not resigned and had stood again as a candidate in the aborted by-election.

The High Court took the rare step of intervening in an election because it found that Mr Jones never resigned and that returning officer Donna Hall, Wigan’s chief executive, therefore had no jurisdiction to call the by-election. A costs order was made in favour of Mr Jones.

A Wigan statement in response to the ruling said: “Today's decision is really disappointing. We feel the residents of Bryn should have the right to have their say following the resignation of Councillor Steve Jones on 5 January.

“The cancellation of this by-election removes that democratic right. We'd like to apologise to those who have already taken the time to vote. It's our belief that there's a clear distinction between election and employment law, the key difference in this case being that councillors cannot withdraw a resignation as it takes effect immediately.

“However, in the interests of protecting the public purse we will not be appealing this decision.”