Second place went to the Green Party's Shan Oakes, with 1,758 votes, narrowly beating English Democrat Joanne Robinson, who received 1,714 votes.

Neither Labour nor the Liberal Democrats - who came second in Haltemprice and Howden in 2005 - took part.

The closeness of the poll took the by-election to a recount, with returning officer Nigel Pearson declaring the result at 2.55am.

Mr Davis said that the result vindicated his decision to resign his seat and refight it on a platform of defending British civil liberties.

"This sends a message to Government. Four weeks ago Gordon Brown stooped in the gutter - but now 42 days is now in tatters, without any credibility.

"This is just the beginning. I now have a clear mandate to fight Gordon Brown's vision for a Big Brother Britain tooth and nail."

But the 34.5 percent turnout - while higher than many were predicting - was half of that seen in the 2005 General Election.

Other candidates were quick to criticise Mr Davis for wasting about £200,000 of taxpayers' money, not to mention £80,000 of private donations raised himself, on calling the by-election.

Political author David Craig, campaigning against Parliamentary waste and greed, said: "It is completely clear - this was a waste of a huge amount of taxpayers' money which has proved nothing at all."

He said that voters had not cared about Mr Davis's civil liberties arguments, but voted for him because of his celebrity factor.

"Following the Irish referendum on the Lisbon Treaty recently I hoped voters here would also reject political greed, but sadly today that was not to be."

Women's rights campaigner Jill Saward, a victim of the 1986 Ealing vicarage rape, said: "David Davis gave up the right to fight for civil liberties the moment he resigned as Shadow Home Secretary.

"As a backbencher he will have little influence. He's just spent a lot of money for very, very little. No one voted in this election for his views on civil liberties, this is a phoney debate that he wanted to have.

"He's now had that debate, but at what cost to his reputation. Everyone in the constituency I've spoken to now has less respect for him, not more."

Ms Robinson, who lives within the constituency and who previously stood for the seat representing UKIP, another anti-European party, said she was delighted with her support.

"People want fair play for England," she said. "The national public are fed up of spin - it's time someone said 'I will not fudge the issue'.

"I describe myself as Yorkshire first, then English, then British, and I think that view has chimed with the electorate. I'm estatic with my support tonight - I think it's put English Democrats on the map."

Shan Oakes, the Green candidate, said she had been frustrated during the campaign by lack of media attention.

"We have been talking to a lot of people on the campaign and when they have a chance to hear us they're often convinced by what we say," she said.

"But it has been very difficult to get the message across, and the fact this is a Tory stronghold has meant that a lot of people are voting for David Davis even if they don't agree with his views on civil liberties."

Result in full

David Davis (C) 17,113 (72.06%, +24.60%)
Shan Oakes (Green) 1,758 (7.40%)
Joanne Robinson (Eng Dem) 1,714 (7.22%)
Tess Culnane (NF) 544 (2.29%)
Gemma Garrett (Miss GB Party) 521 (2.19%)
Jill Saward (Ind) 492 (2.07%)
Mad Cow-Girl (Loony) 412 (1.73%)
Walter Sweeney (Ind) 238 (1.00%)
David Craig (Ind) 135 (0.57%)
David Pinder (New Party) 135 (0.57%)
David Icke (ND) 110 (0.46%)
Hamish Howitt (Freedom) 91 (0.38%)
Christopher Talbot (SEP) 84 (0.35%)
Grace Astley (Ind) 77 (0.32%)
George Hargreaves (Ch P) 76 (0.32%)
David Bishop (Elvis) 44 (0.19%)
John Upex (Ind) 38 (0.16%)
Greg Wood (Ind) 32 (0.13%)
Eamonn Fitzpatrick (Ind) 31 (0.13%)
Ronnie Carroll (History) 29 (0.12%)
Thomas Darwood (Ind) 25 (0.11%)
Christopher Foren (Ind) 23 (0.10%)
Herbert Crossman (Ind) 11 (0.05%)
Tony Farnon (Ind) 8 (0.03%)
Norman Scarth (Ind) 8 (0.03%)

C maj 15,355 (64.66%)
Electorate 70,266; Turnout 23,749 (33.80%, -36.35%)

2005: C maj 5,116 (10.65%) - Turnout 48,029 (70.15%)
Davis (C) 22,792 (47.45%); Neal (LD) 17,676 (36.80%); Hart (Lab)
6,104 (12.71%); Mainprize (BNP) 798 (1.66%); Lane (UKIP) 659 (1.37%)