Losing PF candidate in the last month’s Chipata Central by-election Lameck Mangani has asked the Lusaka High Court to nullify the parliamentary seat of MMD’s Reuben Mtolo Phiri saying his opponent did not qualify to contest the seat.
Mr Mangani has charged in his election petition filed in the principal registry on Wednesday that the court should instead declare him the duly elected Member of Parliament (MP) for the area.
This is in a matter in which Mr Mangani of house number 22 Jesmodine in Lusaka has petitioned Mr Phiri and the ECZ as the first and second respondents, respectively.
Mr Mangani wants the court to declare that having polled the highest votes he was the duly elected candidate and not Mr Phiri because he did not qualify to participate in the by-election as he was guilty of electoral malpractices.
He also wants the court to declare that the ECZ having had notice of the Mr Phiri’s illegal or corrupt practices failed to perform its statutory duties when it accepted his nomination and thereafter declared him the duly elected MP for the constituency.
Mr Mangani said Mr Phiri did not qualify for election to the National Assembly following the nullification of his election by the high court on April 12, 2012 which was upheld by the Supreme Court on about May 7, 2013.
He said that ECZ should in the first place not have accepted Mr Phiri’s nomination as a candidate because the declaration he filed was false for having suppressed the fact that the High Court had made findings of the fact that he had been found guilty of corrupt or illegal practice and that the said findings were upheld by the Supreme Court.