A former Birmingham Labour Party councillor, accused of being one of the ringleaders of what a judge described as a widespread vote-rigging fraud, has cleared his name in the Court of Appeal.
Three judges quashed the findings of Election Commissioner Richard Mawrey QC relating to Muhammad Afzal, a former city councillor in Aston.
Lord Phillips said the ruling of Judge Mawrey would have to be changed to delete any reference to Mr Afzal being personally guilty of corrupt and illegal practices, involving postal voting.
Although Mr Afzal can now vote at the General Election, he cannot stand as a councillor in the forthcoming by-election in Aston, Birmingham, because of general corruption surrounding the poll which did not involve him. He will be free to stand at future elections. But the deputy High Court judge's rulings on two other councillors in Aston - that they were involved in illegal practices - remain.
Judge Mawrey had ordered new elections in Aston and Bordesley Green in April this year after upholding allegations of postal fraud relating to seats won by Labour in the ballot of June 10 last year.
He said at the time there was evidence of "massive, systematic and organised fraud" in the campaign and ruled that not less than 1,500 votes had been cast fraudulently.
Judge Mawrey criticised the Government's insistence that the current postal voting system was working, adding: "Anybody who has sat through the case I have just tried and listened to evidence of electoral fraud that would disgrace a banana republic would find this statement surprising."
Ramby de Mello, representing Mr Afzal, told the judges at yesterday's hearing that his client had not had a fair trial at the election court. The judges will give their reasons for their decision later.
Mr Afzal said: "It has been proved that I have done nothing wrong."
