Birmingham's only British National Party councillor will be able to remain in office until at least the end of the month while a court considers whether she was improperly elected.
A senior judge yesterday oversaw a re-count of the election result in Kingstanding, where the far-right BNP's Sharon Ebanks (pictured) was declared the winner on May 4.
Birmingham City Council claimed immediately afterwards that serious errors led to votes for Coun Ebanks being double counted.
Instead of polling 2,310 votes, as was announced on May 4, Coun Ebanks really only attracted 1,329 votes and Labour's Cath Grundy should have been elected instead, according to the council at the time.
Judge Robert Turner, the Senior Master at the Royal Courts of Justice in London, administered the private re-count.
But the results will be announced at the end of the month, in a court hearing in front of two judges.
In the meantime, Coun Ebanks remains a city councillor.
The delay was criticised by Birmingham Erdington MP Sion Simon (Lab): "Surely this must be a mistake?
"The people of Kingstanding should not have to wait a month to learn who their councillor is.
"This isn't something that can wait. It is an emergency.
"I am sure this is an over-sight and once the court authorities realise how serious this issue is they will not make us wait for the result."
Sir Albert Bore, leader of the Labour group on the city council, said he was confident the result would go his party's way.
"I hope the judges will come around quickly to give Birmingham the right result," said Sir Albert.
"But in the meantime, Coun Ebanks will continue pretending to be the elected member.
"That concerns me, as the longer this goes on then the longer the person who should have been elected is disenfranchised."
Speaking after the re-count, Coun Ebanks said: "I am still a councillor.
"Nobody has told me I am suspended or anything."
The BNP said that if Coun Ebanks was removed from office, they would pin their hopes on a police investigation into the May local elections.
Simon Darby, BNP regional organiser for the West Midlands, said: "We have found 255 discrepancies.
"For example, there are people who are recorded as having voted when they did not actually vote."
A spokesman for West Midlands Police said: "Ms Ebanks made some allegations in June and we are looking into those. It is not an inquiry as such."
An investigation into the mix-up by Birmingham City Council found that human error was to blame for miscalculating Coun Ebanks' votes.
Errors at the May 4 count were isolated incidents which were not the result of miscon-duct and no disciplinary action will be taken against elections staff, council chief executive Stephen Hughes said last night.
Mr Hughes, who ordered the inquiry, said measures would be put in place to ensure that nothing similar could happen in future.
"It is clear that errors have occurred and this has resulted in difficulties.
"It is important that there is public confidence in the elections process," Mr Hughes said.
The investigation found that the mistakes were caused by unusual circumstances in Kingstanding, where two council-lors were being elected.
All of the remaining 39 Birmingham wards elected only one councillor.
Arrangements for counting and checking two sets of votes were still incomplete on the night before the election.
Forms used to record and calculate ballot papers where people voted for two different parties were incorrect and led to votes being added in twice, the inquiry found.
An attempt to change the forms failed through computer error.
Although mistakes were made by the elections office in compiling documentation for the double vacancy count at Kingstanding, staff followed the procedures they were given and were not at fault, Mr Hughes said.