PENDLE'S Labour group is calling for an investigation following the decision by rival councillors to drop a prosecution against one of their members.

The call comes after five Labour councillors stormed out of a Nelson committee meeting on Monday after members voted to drop proceedings against Lib Dem councillor Mohammed Munir and business associate David Geddes.

The pair were facing trial at Burnley Crown Court over their alleged illegal operation of a taxi company from property owned by the Bradley Ward councillor.

Eight of the nine Lib Dems voted to drop proceedings.

The council's legal team said one of the main factors in dropping the case was that possible penalties imposed wouldn't be enough to justify a lengthy prosecution.

Now Labour leader Frank Clifford said the group will write to the Local Government Ombudsman demanding an investigation.

He said: "I have been in public life for 47 years and I am nothing but appalled.

"For many years Pendle Council has followed a logical process with regard to any contravention of licensing or planning regulations.

"The law should follow its natural course and it is not for councillors to decide the course of action.

"The district auditor should be involved and the ombudsman needs to have a look at this."

Pendle Council argued Mr Geddes leased property at 29A Hibson Road, Nelson, from Coun Munir to run his private hire company, Gemms, without planning permission. A retrospective application for the business was rejected and an appeal was thrown out last August.

The pair were summonsed by the council and were due to appear before a jury at Burnley Crown Court on September 27.

However, councillors voted to drop the case after reading a report by a barrister to the Nelson committee who warned the prosecution was not in the public interest, any penalties against the defendants would be minimal, and if the council lost it would have to pay substantial costs.

Lib Dem council leader Coun Alan Davies said if the case went to court and lasted the estimated five to seven days then it could have cost the council £100,000.

He said: "The allegations they have made of there being one rule for councillors and one rule for the public is completely untrue because this case involved a member of the public.

"In previous cases, once the use has stopped, the council has never prosecuted."

Chairman of the committee Coun David Foster, a Lib Dem, said: "The committee had quite a long debate which sometimes got heated about the matter and we took the advice from the council's barrister who was saying the council should not proceed."

Pendle Council senior solicitor Peter Frost said: "The penalties where people comply with the enforcement notice are very small and this meant it was not in the public interest to continue."

Coun Munir refused to comment when contacted by the Evening Telegraph last night.