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 took the decision due to Harry Devine's failure to attend meetings for more than six months.

A previous bid to declare the seat vacant, last December, was put on hold at Coun Devine's request.

Coun Devine, an Independent member for Wingate 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 11-year-old girl, dating from 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, relating 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.

He must live, in the interim, at a bail hostel on Teesside.

An Easington council spokesman said yesterday: "On December 2 last year, at a meeting of the district council, members considered a request from councillor Henry Devine for approved absence from meetings for a period in excess of six months.

"The council agreed to the request and extended until January 31, 2005, the length of time within which he had to attend a meeting of the authority if he wished to avoid his membership being terminated.

"Coun Devine has failed to attend any meetings of the authority within the agreed time period.

"In accordance with the Local Government Act he ceased to be a member of the district council with effect from January 31."

The spokesman added that arrangements for a by-election for the Wingate ward seat will be announced soon.