A DISPUTED election result is now in the hands of the High Court.
The error was made in the county council election for a councillor in the Prestatyn North electoral ward, with Conservative candidate Allan Pennington being elected after receiving votes actually cast for similarly-named Labour rival Paul Penlington.
The Labour party has now refered the matter to the High Court.
A spokesman for the Labour Party said: “Following the fundamental error in the council election count in Prestatyn North ward, the Labour Party has submitted an election petition to have the count overturned.
“This is now a matter for the courts based on the evidence submitted.
“The party has nothing to add until the court have completed their work.”
A letter from chief executive of Denbighshire Council Mohammed Mehmet sent out to candidates, shows had the error not occurred, Mr Penlington would have been elected.
In the letter Mr Mehmet said: “On checking the summary documentation of the count it appeared that a human error had been made in the allocation of block votes.
“The High Court will no doubt ask that the ballot papers for the Prestatyn North Ward be recounted. They have been held securely since the election and will be made available to the court on the court’s request.”
A spokesman for Denbighshire Council said: “Denbighshire has indicated to the court that it has no objection to this happening and we are now awaiting further direction from the court.”