A council election candidate who lost by one vote after a ballot paper with ‘Brexit’ written on it was counted as a vote for the Tories is preparing a legal challenge to the result.

Tory Stephen Hirst retained his seat in Tetbury Town in the Cotswolds, defeating independent Kevin Painter by 232 votes to 231 in the May 2 local elections.

But a tie between the two candidates was only broken after a ballot paper on which a voter wrote “Brexit” with an arrow pointing towards Hirst’s name was ruled to be a vote for the Tories, despite a backlash against the party for delaying the UK’s exit from the EU.

Painter is now trying to raise money for an election petition, or official challenge, of the result.

He has launched a crowdfunder to help pay court fees, which can rise as high as £2,500, and has until Thursday May 23 to raise an initial £600 to begin the process.

Painter described the result as “Blackadder-esque” and insisted the returning officer for the election “could not possibly tell from the ballot paper what the voter’s real intentions were”.

“The inclusion of the wording throws the matter of intent into confusion, and therefore should remain doubtful,” he added.

He described his attempt to challenge the vote as an independent candidate with no party support as a ‘David and Goliath’ situation, but stressed he was confident that a judge would back him if he could raise the cash.

On his crowdfunder page, Painter wrote: “What I and many many others dispute is that the intention of the voter is not clear.

“Given what is on the ballot paper, and the absence of a clear mark in the box, the voter’s intention could equally be a criticism of the Conservative candidate/party for not delivering Brexit. This has been a common theme in recent political discourse, both in private and public.

“My main concern is the effects that this story has had on many people, many of whom are now questioning the integrity and fairness of our voting system and whether voting is even worthwhile.  

“This is why this action is important to show to people that democracy and justice can work – sometimes we just need a bit of help.  

“By taking this action it will send a clear message that one person can make a difference and democracy belongs to us all.”

Hirst, a former mayor of Tetbury who reportedly once assisted the Metropolitan Police investigation into phone hacking after the Sun newspaper published a story about him allegedly swapping wives with his neighbour, said he did not want to comment.

On May 3, the day after the election, returning officer Nigel Adams insisted he was following Electoral Commission guidance, which states a ballot paper should not be deemed void “if an intention that the vote shall be for one or other of the candidates clearly appears”.

He said: “Prior to the final adjudication on the doubtful papers, the number of votes for the Conservative candidate and the independent candidate were level.

“However, when adjudicating on those ‘doubtful’ papers, the returning officer awarded one additional vote to the Conservative candidate, having regard to the guidance contained in the Electoral Commission’s booklet on doubtful papers and examples within election law books.”

If Painter launches an election petition to the Royal Courts of Justice the process could lead to a trial under electoral law.

Despite Hirst’s victory, the Liberal Democrats took control of Cotswold District Council from the Conservatives.