Councillors 'had vote rig deal'

The pair are accused of taking advantage of the all-postal vote

Two Liberal Democrat councillors took part in a "criminal agreement" to rig a local election in Lancashire using proxy votes, a court has heard.

Burnley councillors Manzur Hussain and Mozaquir Ali are accused of defrauding more than 160 voters in June 2004.

Prosecutors claim postal voting forms were collected from voters and cast for the Lib Dems without their knowledge.

Mr Hussain, 58, and Mr Ali, 44, deny conspiracy to defraud the returning officer of Burnley Borough Council.

The court was told the pair "took advantage" of the all-postal vote to ensure Mr Ali's re-election in the Daneshouse with Stoneyholme ward.

Their vote was being taken from them to be used as these defendants wanted David Turner, prosecuting

David Turner, prosecuting, told the jury voters had handed over voting forms to Mr Hussain when he went knocking door-to-door.

Mr Ali then filled in the forms to suggest the voter would be on holiday and unable to vote, when in fact they were still at home, he said.

The pair submitted more than 160 proxy votes to the town hall, he added.

"What we say is these two men were involved in applying for proxy votes so they could ensure that they could control those votes and to ensure that these votes were cast for the right person and the right person in their view was Mozaquir Ali," he said.

"We say these two gentlemen lay at the heart of this conspiracy and it was Mozaquir Ali who had all to gain from this fraud and this deception by securing re-election to Burnley council.

"The voters were not abroad on holiday they were available to vote in the election. Their vote was being taken from them to be used as these defendants wanted."

Organiser concerns

Mr Ali has represented the Daneshouse with Stoneyholme ward north of Burnley city centre since 1995, Mr Turner said.

Its population of 6,000 people includes many elderly and immigrant families.

The all-postal ballot meant organisers were not expecting many proxy votes - but they received 182 proxy votes, many submitted by the two defendants, he told the court.

"Of the 182 applications to vote by proxy the vast majority, 167, were submitted by and on behalf of Liberal Democrat councillor Mozaquir Ali," he said.

Concerns were raised by the number of proxy votes being submitted but the police did not have time to investigate before the count, Mr Turner added.

Mr Ali was declared the winner by 369 votes. He won 1576 votes, the Labour candidate 1207 and the Tory 121.

The trial, before Judge Andrew Gilbart QC, was adjourned on Monday.

It is expected to last four weeks.