THE Labour Party is taking legal action over a count where it lost by

one vote.

Labour came second in the Whitfield division in Dundee after three

recounts. The party claims one of the ballot papers was spoiled.

Labour's candidate, Mr George Barr, collected 894 votes; the SNP's

sitting councillor, Mr James Duthie, had 895.

Councilor James Mudie, secretary of the Tayside Regional Labour party,

said: ''We believe one of the ballot papers should be deemed to be a

spoiled paper. It had circles in the Labour box and a cross in the SNP

box. We say the vote shouldn't go to anybody.''

The Labour Party has instructed a solicitor to petition the Sheriff

Principal of Tayside to give the party access to the ballot paper and

also to make an adjudication.

Mr Duthie said: ''The returning officer ruled it a valid vote.''

He added: ''It was quite clear that the voter had indicated his

preference for me. The mark was beside my name and no other

candidate's.''

The SNP ended with 22 of the 46 seats on Tayside, a gain of 12.