THE Patriotic Front (PF) has appealed to the Supreme Court against a High Court decision to uphold the election of Patrick Mucheleka as Lubansenshi Member of Parliament (MP).
PF losing candidate Lazarous Chota said in a notice of appeal that he was dissatisfied with the judgment delivered by High Court judge Petronella Ngulube which declared Mr Muchelaka as duly elected.
Mr Chota advanced four grounds of appeal. In the first ground, he noted that the High Court judge misdirected herself when she said the petitioner had to prove that the majority of voters were prevented from voting because of the electoral malpractices complained of.
He said on the second ground that the judge erred in law when she held that the allegation of treating was not proved to the required standards and that refreshments are a mere incidence to a political meeting and not an offence.
Mr Chota, however, argued that the Electoral Act prevents any person from corruptly providing money to buy food or drinks during elections for the purpose of soliciting for votes.
He also contended that the judge misdirected herself when she awarded costs to Mr Mucheleka whose symbol was an axe and used PF materials for campaigns, on the premise that Mr Chota’s application was frivolous.
Justice Ngulube dismissed Mr Chota’s petition, saying that Mr Mucheleka’s election was conducted in substantial conformity with the law, adding that he was validly elected as an MP.