The favourite to win the Tory leadership race faces a private prosecution by campaigner Marcus Ball.
Johnson was sitting at 6/4 to be the next Prime Minister amid the packed field as the Tories try to paper over the cracks as division in the party rage over Brexit.
And with the Tory leadership race expected to be wrapped up by mid-July – there is a chance Boris could appear in court as Prime Minister.
Lawyers representing Mr Ball lodged an application to summons Johnson to court, claiming he had deliberately misled the public during the EU referendum campaign in 2016 and then repeated the statement during the 2017 general election.
District Judge Margot Coleman confirmed Johnson will be summonsed to court in a written decision.
Mr Ball has raised more than £200,000 through a "Brexit Justice" crowdfunding campaign to pay for the private prosecution.
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District Judge Coleman wrote: "The allegations which have been made are unproven accusations and I do not make any findings of fact.
"Having considered all the relevant factors I am satisfied that this is a proper case to issue the summons as requested for the three offences as drafted. The charges are indictable only.
"This means the proposed defendant will be required to attend this court for a preliminary hearing, and the case will then be sent to the Crown Court for trial.
"The charges can only be dealt with in the Crown Court."
SUMMONSED: Boris Johnson will be ordered to appear before a court over his Brexit bus NHS claim (Pic: GETTY)
“The charges can only be dealt with in the Crown Court”
District Judge Margot Coleman
Johnson has previously defended his use of the £350million figure, which was rolled out as he campaigned against the Government as part of Vote Leave.
Last year, he said: "There was an error on the side of the bus. We grossly underestimated the sum over which we would be able to take back control.
“As and when the cash becomes available – and it wont until we leave – the NHS should be at the very top of the list.”
Celebrities including Lord Alan Sugar abd Paloma Faith had all tweeted their support for the Brexit Justice campaign.
BREXIT BATTLE BUS: Boris Johnson campaigned against the Government during the EU referendum (Pic: GETTY) Related Articles
'FUND OUR NHS': Boris Johnson is facing a private prosecution by the Brexit Justice campaign (Pic: GETTY)
Brexit Justice published a 48,000-word document detailing their evidence against Johnson amid their crowdfunding efforts online.
Mr Ball accused politicians of "abusing their duties and the trust of the public" and denied the campaign was a hidden effort to stop Brexit.
The ruling said: "The court is dealing with an application, dated February 20 and received by this court on the February 25, for a summons against the proposed defendant, AlRead More – Source
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