The Chipata High Court has dismissed the election petition which was filed against Petauke Central member of parliament Emmanuel Jay Jay Banda.
Judge Ruth Chibbabuka, who is sitting in the Chipata High Court, dismissed the case on Wednesday, on grounds that the petitioner, Samson Phiri of the UPND, failed to comply with a court order to amend the notice of intention to withdraw the matter.
Phiri did not comply with a court order to amend the intention to withdraw the matter, which included him advertising his intention to withdraw the petition in the media.
Phiri petitioned Banda’s election as a member of parliament for Petauke Central Constituency on ground that the entire election was marred by electoral malpractice in the form of violence, vote buying through [dishing out] money, second hand clothes, food items, and use PF regalia.
Speaking to journalists after the Court ruling, the petitioner’s lawyer Susan Kwenye said the respondent had been awarded costs.
“The petition has been dismissed for non compliance by the petitioner who was ordered to amend the notice of intention to withdraw the petition but it was not done. So the court has dismissed the petition and the respondent has been awarded costs,” the lawyer said.
And Banda expressed happiness at the court’s decision to dismiss the matter.
“I am happy and the people of Petauke Central are happy too that this case has come to an end,” he said.
Banda said the people demonstrated their democratic right through the ballot, and that an election could not be won through the courts.
“An election is won through the ballot paper and that is why the people of Petauke had confidence that even if we go the court way, we are going to carry the day,” he said.
Banda said the people of Petauke Central had been vindicated that they did the right thing on August 12.