Despite being disbarred from the Police & Crime Commissioner election Jonathon Seed has won the vote which means the county must hold another election.

News broke on Sunday night that the Tory candidate had been told he was ineligible to hold the office of PCC because of a historic drink driving offence – but the votes had already been cast so legally had to be counted on Monday as planned.

Questions hung heavy the night before as to whether the Conservative party would foot the bill if a by-election was required.

It is understood that this years’ PCC elections cost in excess of £1m to run.

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The timing of the announcement also stuck in the craw with candidates and voters asking why the party waited until the eleventh hour to make the call.

A Conservative spokesman: "As there are ongoing police enquiries into this matter, we will not be commenting further at this stage."

In a statement, Mr Seed claimed he declared the three decade old offence and was told the crime did not disqualify him. He has declined to comment further on the situation and did not attend the count on Monday.

It is understood that if the PCC role is vacant -- if someone is disqualified or does not sign the declaration -- an election will be called.

The OPCC has confirmed that operational policing will be unaffected by the outcome of the PCC elections.

Currently, Wiltshire Council, which ran the election is securing specialist legal advice after Mr Seed was declared the winner despite him withdrawing from the process.

Kieran Kilgallen, chief executive from the OPCC, said: “The strategic direction of Wiltshire Police, and its priorities, have already been set by the outgoing PCC and the current Police and Crime plan remains in place until the end of the financial year.

“Responsibility for implementing this through operational policing, and the day-to-day running of the Force, remains with the chief constable, Kier Pritchard.

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“Equally as the precept has already been determined and the budget is in place, the planned officer recruitment and staffing will continue, alongside any OPCC commissioned or funded services – which also remain in place.”

Mr Kilgallen confirmed that once current PCC Angus Macpherson finishes his term on May 13 he will oversee the OPCC until the next steps in any legal process are confirmed by Wiltshire Council.

“We must allow the time for our partners at Wiltshire Council to seek specialist legal advice and determine the next steps," he added.

“While this situation is unexpected to say the least, there is a legislation in place for such an eventuality and a process to be followed. I will ensure the OPCC works closely with the council, the force, and other relevant partners.”