PLANS to challenge the Scottish Government’s decision to cut the number of councillors in East Lothian through the courts have been dropped.

The Local Government Boundary Commission is reducing the number of elected councillors in the county from 23 to 22. The move will also merge Musselburgh’s two wards into a single one with four councillors, while moving Wallyford and Whitecraig to join Tranent and Macmerry in Fa’side ward, and Pencaitland and Ormiston moving into the Haddington ward.

In October, the council voted to allow officials to pursue a possible judicial review of the Scottish ministers’ decision to accept the recommendation of the commission to change the boundaries.

They were told Junior Counsel had advised that there was a basis for a legal challenge and that, whilst the outcome was by no means certain, the council’s objections to it were likely to be sufficiently robust to enable a case to be presented to the Court of Session.

The members were also told that a cross-party group set up to consider the boundary proposals had approved the decision to pursue the legal action, although Councillor Stuart Currie, SNP opposition group leader, who sat on the group, had been opposed to the decision.

At that time the council was one of four local authorities considering what would have been a joint action; however, by the time the decision was brought before councillors, two of those local authorities had dropped out.

In a report submitted to councillors, it has now been revealed that officials have taken the decision not to go ahead with the court action.

It said: “Officers met with Senior Counsel, who had been asked for his opinion on this matter. In light of his opinion on this matter both in respect of the prospects of success and the likely timescale for any court decision, the chief executive took the view that the possible cost and operational risk to the council now outweighed the prospects of success and determined not to progress matters further.

“Arrangements are now under way to organise the local government election in accordance with the new ward boundaries.”

All 23 councillors have been opposed to the cut in numbers and boundary changes.

Councillor Willie Innes, East Lothian Council leader, previously spoke out against the move, which would cut through communities.

He said: “The proposed new ward boundaries cut across existing, established local community ties, including school catchment areas, and also fail to take into account the additional responsibilities posed by the increase of population in recent years.”

However, Mr Currie, who had objected to the pursuit of the judicial review, welcomed the decision not to go forward with legal action. He said: “SNP councillors have consistently said we did not support the ward changes. However, our view was that to spend up to £150,000 of council taxpayers’ money on court action was the wrong choice.”