-14- DP 1, 659 BWALO VENON B. PAC 1,108 7. MWICHE LAZAROUS M. UNIP 457 8. PIKITI MARGARET K. SP 383 9. SAMPA JOSEPH M. IND. 288 5. MWILA FRANCIS 6. 1,418 REJECTED AS INVALID The Respondent, Robert Kaela Kalimi of the PF was declared the duly elected Member of Parliament for Malole Constituency. However, on August 27, the Petitioner being dissatisfied with the said election results and alleged electoral malpractices surrounding the election, took out the present petition, challenging the election results. It should be noted that initially the Electoral Commission of Zambia (ECZ) was a party to the proceedings as the second Respondent. However, on the return date for trial, Counsel for the ECZ, Mr. Mbambara applied for misjoinder of the ECZ. The application was anchored on the premise that there was no cause of action in the petition disclosed against the ECZ. Counsel for the Petitioner, Mr. Cheelo duly conceded. And there being no objection to the application, and having being satisfied that there was no cause of action against the ECZ, I allowed the application by striking out the ECZ. The reliefs sought by the Petitioner, against the Respondent, Robert Kaela Kalimi as pleaded are: i. a declaration that the election of the Respondent as a Member of Parliament for Malole Constituency is void;

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