A Conservative councillor from Surrey has been suspended after launched a petition calling for Victorian-era legislation to be amended to make supporting UK membership of the EU a treasonable offence.

Christian Holliday added the petition to the UK Government and Parliament website, and it calls for:

The Treason Felony Act be amended to include the following offences: ‘To imagine, devise, promote, work, or encourage others, to support UK becoming a member of the European Union; To conspire with foreign powers to make the UK, or part of the UK, become a member of the EU.’

The petition appears more designed to get a reaction from “remoaners” than actually force a change in the law, and when this article was originally posted had only attracted 98 signatures, although media exposure had driven this up to more than 2,500 by Monday evening. Intended to come into force on the day of the UK’s exit from the EU, it would outlaw any campaigning for a return.

At 10,000 signatures, the government promises to respond to petitions on the site, and at 100,000 signatures, petitions are considered for debate in parliament.

The petition goes on to say:

It is becoming clear that many politicians and others are unwilling to accept the democratic decision of the British people to leave the EU. Brexit must not be put at risk in the years and decades ahead. For this reason we the undersigned request that the Treason Felony Act be amended as set out in this petition.

The petition is among several on the site from leave campaigners. A call for “All European Union flags, emblems and logos to be removed from all public buildings” attracted nearly 20,000 signatures, as has an appeal “Not to allow freedom of movement as part of any deal with the EU after Brexit.”

The most signed petition about the EU though was a call for “HM government to implement a rule that if the remain or leave vote is less than 60% based on a turnout of less than 75% there should be another referendum”.

Even if Holliday’s changes were to be made, the chances of a successful prosecution seem thin. The act dates from 1848, but has not been used in a prosecution since 1879. It became law during the reign of Queen Victoria, and made it an offence to even “imagine” deposing the monarchy.

A portion of the Treason Felony Act 1848 Photograph: legislation.gov.uk

Asked to comment about the petition today, a Downing Street spokeswoman said:

“Different people will chose their words differently. The prime minister is very clear that the British people have made their decision.”

Holliday has today deleted previous tweets he made linking to his petition, and Guildford Borough Council leader Paul Spooner has tweeted that he has been suspended.