Woolas-seat election put off until after ex-MP's appeal is heard

An election for the Commons seat stripped from ex-Minister Phil Woolas will not be called until after a legal attempt to fight the ruling is heard, Commons Speaker John Bercow indicated yesterday.

Mr Woolas's narrow General Election victory in Oldham East and Saddleworth was declared void by a specially-convened election court on Friday – the first of its kind for 99 years.

The politician, who was barred from standing for election for three years and suspended from the Labour Party, was found to have deliberately lied about his Liberal Democrat rival.

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Mr Bercow told MPs that a High Court judge had ordered an "expedited hearing" of Mr Woolas's application for a judicial review of the ruling "as he considers it essential that the electorate of Oldham East and Saddleworth should know who is their Member of Parliament as soon as possible".

He added: "My ruling is that this engages the House's sub judice resolution and that therefore the judgment of the Election Court cannot be debated in the House until court proceedings are concluded."

While Mr Bercow's statement did not specifically rule it out, it is understood that Labour does not intend to move a Commons writ for a fresh poll while the legal challenge is going through.

Mr Bercow's statement to MPs will be seen as an indication to political parties that he believes calling the election should be stalled pending the legal proceedings.

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An initial application for judicial review was rejected by Mr Justice Silber, after he considered it on paper, on the basis that judicial review was not the appropriate legal route.

Mr Woolas's legal team has rejected that analysis however and renewed the application, which is now expected to be the subject of an oral hearing as early as this week. Addressing MPs, Mr Bercow said he had received the certificate from the Election Court, determining that May's election was "void".

The election court heard that Mr Woolas stirred up racial tensions in a desperate attempt to retain his seat which he eventually won by 103 votes ahead of Liberal Democrat candidate Elwyn Watkins, who brought the legal challenge.