-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;