TWO Burnley councillors tried to rig an election using proxy votes in "a criminal agreement", a court heard.

Manzur Hussain and Mozaquir Ali "took advantage" of the all-postal vote to ensure Ali's re-election in the Daneshouse with Stoneyholme ward, Preston Crown Court was told.

At the first day of a trial expected to last several weeks yesterday, jurors were told the pair were at the heart of a conspiracy.

Ali, 44, of Brougham Street, and Hussain, 58, of Milner Street, are charged with conspiracy to defraud a returning officer in local government elections for Burnley Borough Council in June 2004.

The court heard that suspicions arose during the all-postal vote election when out of 182 by proxy votes' submitted for the Daneshouse and Stoneyholme ward, 167 were submitted by Coun Ali. Both Ali and Hussain, who are Liberal Democrat councillors, were arrested in October 2004 and a police investigation was launched.

Prosecutor David Turner QC said defrauding the returning officer was "a serious criminal offence".

He said: "In the UK we are very proud of our system of voting. We have fought for the right to vote, for one man, one vote."

Mr Turner said: "Shortly before the election a council officer asked Ali if he was going to hand in any applications by proxy, expecting him to mention one or two. He (Ali) said he expected to hand in between 100 to 200. In fact it was 167 in total."

He said that while other people such as campaign agents may have been involved in this conspiracy, the two defendants appearing in court were at the heart of it.

He added: "Ali had all to gain from committing this fraud and deception by getting re-election to be on the council."

Ali went on to win the election with 1,576 votes.

Mr Turner alleged that Hussain and Ali had visited constituents at their homes and asked them to sign a form giving their authorisation to vote by proxy.

In section six of the form it asks the voter why they want somebody to vote on their behalf - 50 of the forms presented before the court said "holidays" were the reason for applying for a by proxy vote.

However, the voters were not on holiday and had no knowledge that this reason had been given, Mr Turner said.

Mr Turner added that the handwriting on those forms was not that of the would-be voters.

During police interview, Hussain and Ali admitted completing the forms but denied any involvement in deception.

Mr Turner said: "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.

"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."

The trial is expected to last three or four weeks and the prosecution told Judge Andrew Gilbart that they would be calling 59 witnesses.

Today evidence will be heard from Burnley Borough Council employees including the returning officer involved, Gillian Taylor.

(Proceeding)