AN ex-councillor and four other men have been formally accused of attempting to rig a local election.

Mohammed Hussain, a former Labour member for Blackburn's Bastwell ward, is one of five people summonsed by police to appear in court to face an allegation of conspiracy to defraud.

If found guilty, they could face jail.

The case follows a investigation into alleged irregularities with postal votes in the ward during the 2002 Blackburn with Darwen Council elections.

The probe began after the borough's Conservatives made a complaint that people had collected unopened postal votes from houses in the area.

Hussain was first arrested in June last year and detectives then sent a file of evidence to the Crown Prosecution Service.

Hussain resigned from the Labour Party after his arrest but continued on the council as an independent. He did not stand for re-election this year, saying he had stood down for family reasons.

Coun Hussain regained his seat the 2002 election with a 685-vote majority, two years after losing the seat to the Conservatives.

He polled 1,728 votes to the sitting Tory' s 1,043. Postal voting has been available to everyone in the borough since 2001, and the Bastwell ward had a 55 per cent return at the election, the highest in the borough.

The summons states the five are accused of conspiracy to defraud the returning officer. DI Neil Hunter said: "These people have been served with papers to attend Blackburn Magistrates on July 14 to hear the charge against them."

The council has been informed of the development.

Phil Watson, chief executive, said "Electoral offence allegations are dealt with by the police and the Criminal Prosecution Service.

"For legal reasons it is inappropriate for me to comment further. Mohammed Hussain is not currently a Blackburn with Darwen councillor."