A BY-ELECTION is to take place to fill the seat of a councillor facing court proceedings over a child indecency allegation.

Easington District Council, in east Durham, took the decision after Harry Devine failed to attend meetings for more than six months.

A previous bid to declare the seat vacant, in December, was put on hold at his request.

Councillor Devine, an Independent member for Wingate, County Durham, since the last district election in 2003, is facing a re-trial at Durham Crown Court on an allegation of indecent assault, relating to an incident involving an 11-year-old girl in 2002.

A jury previously failed to reach a verdict and a re-trial is to take place next month.

Coun Devine was in custody from last July until last month, when he was bailed by a judge at Durham Crown Court after being cleared on a further indecent assault allegation. It related to an incident involving a 12-year-old girl in Bridlington, on the Yorkshire coast, last April.

A condition of his bail forbids 54-year-old Mr Devine, previously of Salter's Lane, Wingate, from visiting the village. In the interim, he must live at a Teesside bail hostel.

An Easington council spokesman said yesterday: "Coun Devine has failed to attend any meetings of the authority within the agreed time period."

Arrangements for a by-election will be announced soon.