Labour’s ruling body ‘misapplied’ rules to put Jeremy Corbyn on leadership ballot, High Court told
Labour leader could be forced to get nominations from MPs and MEPs if the court doesn't agree with the NEC decision
JEREMY Corbyn should be struck off the Labour leadership ballot and only allowed to run if he finds enough MP supporters, a judge has been told.
The hard left party boss should then be given 48 hours to find 51 backers in Parliament or be ejected from the job.
The High Court case was yesterday brought by Labour donor and Jewish activist Michael Foster.
Party rules were “misapplied” when its NEC ruling body voted to guarantee Mr Corbyn a place in the race a week ago, his campaigning lawyer Gavin Millar QC claimed.
The bitter contest will explode into fresh turmoil if the legal bid to block Mr Corbyn is successful.
Only 40 of his MPs backed him in a recent no confidence vote, meaning he may struggle to get back into it, despite being the clear favourite among leftwing party members.
The Opposition Leader’s QC, Martin Westgate, insisted the rules had been rightly applied and warned a judge he should not but into the row.
Mr Westgate said: “The conclusion reached by the NEC is entitled to great respect and the court should not interfere with it.”
Hearing the case yesterday, Mr Justice Foskett said he will rule on it tomorrow.
Mr Foster's case was that the party could in effect block Mr Corbyn from being considered as a candidate in any future election for leader, even if he continued to enjoy similar support, and less than a year after he was duly nominated and elected.
"If Mr Foster is right then there will be no election and the present challenger (Mr Smith) will be entitled to be elected as leader unopposed."
Mr Foster's position that the process would have to be re-run failed to recognise the disruption that this would cause, said counsel.
The NEC wrestled with legal advice for six hours before voting by a majority of 18 to 14 that Corbyn should automatically go on the ballot paper without needing to obtain the backing of 20% of Labour MPs and MEPs - 51 nominations.
Mr Foster wants to reverse the NEC's decision and is seeking a declaration that, under Labour Party rules, Mr Corbyn must obtain the requisite number of nominations before his name may appear on the ballot papers.
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If his legal challenge fails then the leadership contest will continue as planned.
Ballot papers will start to be sent out on August 22 with the result announced at a special conference in Liverpool on September 24.
The ruling is expected to be delivered by the judge either today or tomorrow.
If the court bid fails then the leadership contest will continue as planned.
Mr McNicol announced a leadership election on July 11 after Wallasey MP Angela Eagle obtained the necessary number of nominations.
Ms Eagle withdrew from the race a week ago in order to back Owen Smith as a "unity candidate" to take on 67-year-old Mr Corbyn, who became leader in September last year.
Mr Smith, 46, who was elected to Parliament in 2010 as MP for Pontypridd and later promoted to Shadow Secretary of State for Work and Pensions, was one of a series of shadow cabinet members to resign over Mr Corbyn's leadership.
Last week, Master Victoria McCloud backed Mr Corbyn's bid to become a party in the action, saying that he personally faced "jeopardy" in the election and his interest in the litigation was significantly different to the general body of members represented by Mr McNicol.
She said that much turned on the outcome of the election as it would determine a crucial constitutional role in the UK.
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