VOTERS in Glasgow are set for another by-election after one of Labour’s newest councillors was caught out by the law.
Mary McNab won the Glasgow North East by-election at 10 minutes past midnight on November 22.
However, as she is an employee of Glasgow City Council, she was required to resign the next working day under the Local Government (Scotland) Act.
That meant she had until 11.59pm on November 25 to quit.
However, as McNab did not do so prior to 11.59pm on November 25, she ceased to be a councillor.
The Herald revealed that senior officials in the council have been taking legal advice as this is the first time this has happened anywhere in the UK.
Sheriff Principal Aisha Anwar has been asked to provide a definitive ruling on the law.
If she agrees that McNab is no longer a councillor, it will trigger another by-election.
Voters went to the polls earlier this month following the election of Labour’s Maureen Burke (below) to the Commons in July –with only 12.4% of those registered to vote doing so.
“This automatically disqualified her with the effect that she is no longer a councillor and a by-election will need to be held.
“This is however untested legal ground and to ensure the law is being correctly interpreted we will tomorrow begin the process of seeking a declarator from the Sheriff Principal to that effect.”
An SNP spokesperson said: “Right now, we’re awaiting clarity on what is an unprecedented situation and it’s right and proper that the courts provide that clarity.
“If these new levels of Labour incompetence do mean a fresh by-election, one can only hope the party’s leadership foots the bill for its failings. Meanwhile, the SNP stand ready to take our message and our record to the voters of Glasgow North East.”
Scottish Labour have been approached for comment.
Last month, a councillor in Edinburgh triggered a by-election when she quit just eight days after being elected.
LibDem Louise Spence comfortably won the Colinton/Fairmilehead ward in a campaign which contrasted her local roots with her rivals who lived elsewhere in the capital.
However, she then announced she would be stepping down due to a “sudden change in personal circumstances,” saying she was “truly sorry at what has happened”.
The Daily Record reported that her Colinton property had been put on the market on November 15, the day after the by-election, for offers over £730,000. Reports suggested she was looking to split her time between Dubai and Edinburgh.
