duly elected by the Electoral Commission of Zambia (ECZ) the 2nd Respondent in this matter. 2. He averred that the Returning Officer declared the 1st Respondent as duly elected with 15,131 votes whilst he got a total of 163 of the total votes cast. He added that the remaining votes were shared by the other four candidates; Mr. Mwelwa Charles an Independent candidate who polled 4,350 votes, Mr. Mwape Allan of the UPND who polled 2,509 votes while Mr. Chongo Danny H of the Democratic Party and Ms Nakamanga Maggie of the Socialist Party each received 206 and 62 votes respectively. 3. It was further averred that contrary to the declaration by the Returning Officer of the 1st Respondent as duly elected Member of Parliament for Mwense Constituency, the 1st Respondent was not validly elected for the following reasons-: “ a . Prior to the elections and during the Campaign period, the 1st Respondent did call there call the Petitioner using both normal voice as well as Whatsapp for an unknown reason despite not been any agreed and open channel of communication between the two parties. b. Subsequent to the refusal by the Petitioner to speak to the 1st Respondent, there followed a series of intimidating and threatening activities and actions around and at the Petitioner's private residence and dwelling; that included uninvited visits by PF party cadres as well as motor-vehicles that would intentionally park at the Petitioner's private J4

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