IS HE in or out? That is the question as confusion surrounds whether or not a prominent borough councillor can still represent his party after being ejected from his local party association.

The issue has split local Conservatives and sparked allegations that Councillor Phil Heath was removed to free up his Hampshire County Council seat prior to next May's elections.

As reported in The Gazette, Cllr Heath was expelled from Basingstoke Conservative Association on July 14, over an alleged argument conducted by telephone answer messages between him and Mike Denness, agent for the association and Basingstoke MP Maria Miller.

The association is now asking potential candidates - but not Cllr Heath - whether they wish to stand for the 2009 county council election, despite Cllr Heath still sitting as a Conservative county group member.

Cllr Heath also sits on Basingstoke and Deane Borough Council, where Conservative group leader Cllr Mark Ruffell told its last full meeting that Cllr Heath was no longer a borough group member.

The discrepancy between Cllr Heath being expelled from his borough - but not county - group exists because the national Conservative membership committee has yet to decide whether the Basingstoke association acted correctly.

Cllr Heath said the national party has informed him the committee will not meet until September. He claims that unless it reaches a decision to the contrary, he should remain a borough group member.

"The association has said I have been expelled from the party, which I haven't," he said.

Cllr Heath said Cllr Ruffell, association vice-chairman political Cllr Robert Donnell, and county and borough councillor Stephen Reid - who he blamed for trying to force him from county council group membership - would have to answer to the public for pressing for his exclusion.

"It's quite clear there's something else going on and that's why they wanted to do it," said Cllr Heath. "If Cllr Reid wants to move his council seat, then I'll take him on democratically, but if it's this back door approach, then I don't think anyone is going to like that very much within or without the party or in Basingstoke."

Cllr Ruffell, who said he plays no role in the county selection process, explained borough Conservative group members had to be party members.

He told The Gazette: "When Cllr Heath was expelled from the Basingstoke Conservative Association, he ceased to be a member of the Conservative Party and therefore ceased to be a member of the borough council's Conservative group.

"Cllr Heath is expelled pending confirmation by the national party. If that expulsion is confirmed, then he remains expelled. If it is not confirmed, then his membership is reinstated."

But Odiham county councillor Jonathan Glen, Hampshire Conservative chief whip, said the association could not expel Cllr Heath. He said: "They don't have the power to do that. It has to go to head office in London."

He said one reason for head office examining expulsions was to stop the "hypothetical" situation of a group of people trying to get someone into a seat.

Cllr Glen added: "Cllr Heath remains with the party whip until I'm told by the leader of the county council, or the leader is told by head office, that Phil is no longer an official Conservative."

Cllr Glen felt the next Conservative county election campaign would be weaker if it was conducted without Cllr Heath. "His handling of people skills could be improved, but as a politician and campaign manager he's second-to-none," said Cllr Glen.

Cllr Reid, who lives in Hatch Warren and represents Basingstoke North West on the county council, denied he was eyeing up Cllr Heath's Basingstoke South West county seat.

Cllr Reid, a leading opponent of any housing development at Manydown, on Basingstoke's western fringe, said he wanted to stand in the North West ward again - if the association wants him.

"Basingstoke North West is the seat most affected by Manydown and that's why I'm there and want to stay there," said Cllr Reid. "This whole issue is not about me. It's about the behaviour that has been deemed unacceptable by the Conservative Party from Phil."

He denied pushing for Cllr Heath's removal from Hampshire's Conservative group.

Cllr Donnell said: "I have not acted in any way to exclude Cllr Heath because of the selection for South West Basingstoke."