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Labour may challenge Scots vote Labour may challenge Scots vote
(20 minutes later)
The Labour Party may take legal action over the Scottish parliament election results, the BBC has learned. The Labour party may take legal action over the Scottish parliament election results, the BBC has learned.
A Labour source confirmed the party was considering its options after 100,000 ballot papers were counted as spoiled. Former minister Allan Wilson, who narrowly lost in Cunninghame North, is discussing the possibility of a court challenge with Labour party solicitors.
The most likely seat to be challenged is Cunninghame North, where former minister Allan Wilson narrowly lost. The move comes as the Scottish National Party, who won most seats in Thursday's elections, begin coalition talks.
The move comes as the Scottish National Party, who won most seats in Thursday's elections, begin informal talks about forming a coalition government. Any potential case would be taken by Mr Wilson as an individual, but could lead to other challenges being mounted.
Labour will not confirm if a legal suit will be pursued; but they have made it clear to the BBC that they are actively considering legal action. Up to 100,000 ballot papers were counted as spoiled across Scotland in the election.
'No evidence''No evidence'
Ex-PA political editor Chris Moncrieff said lawyers would say this had scant legal basis, "but the very scale of spoiled papers may alter their view". Former Press Association political editor Chris Moncrieff said lawyers would say this had scant legal basis, "but the very scale of spoiled papers may alter their view".
There is definitely the need for an investigation into the conduct of the election SNP sourceThere is definitely the need for an investigation into the conduct of the election SNP source
Labour finished with 46 seats in the 129-member Scottish Parliament. Alex Salmond's Scottish National Party narrowly emerging as the largest group with 47.Labour finished with 46 seats in the 129-member Scottish Parliament. Alex Salmond's Scottish National Party narrowly emerging as the largest group with 47.
Labour's Allan Wilson lost Cunninghame North to SNP candidate Kenneth Gibson by just 48 votes.Labour's Allan Wilson lost Cunninghame North to SNP candidate Kenneth Gibson by just 48 votes.
Any potential case that challenged the result would be taken by Mr Wilson as an individual, but could lead to other challenges being mounted.Any potential case that challenged the result would be taken by Mr Wilson as an individual, but could lead to other challenges being mounted.
But the SNP dismissed the prospect of a court overturning their victory.But the SNP dismissed the prospect of a court overturning their victory.
An SNP source told the BBC: "There is definitely the need for an investigation into the conduct of the election, which is why Alex Salmond has called for a judicial inquiry.An SNP source told the BBC: "There is definitely the need for an investigation into the conduct of the election, which is why Alex Salmond has called for a judicial inquiry.
"But there is absolutely no evidence that this has benefited any one party." The source described the potential action as "sour grapes"."But there is absolutely no evidence that this has benefited any one party." The source described the potential action as "sour grapes".
Technical failures, confusion about how to fill in ballot papers and problems with postal votes have all been blamed for the unusually high number of spoiled ballot papers.Technical failures, confusion about how to fill in ballot papers and problems with postal votes have all been blamed for the unusually high number of spoiled ballot papers.