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Arumadri v Etka and Anor (Election Petition No. 2 of 2016)

High Court · [2016] UGHCEP 13 · 2016 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging the declaration of the 1st Respondent as winner of the 18 February 2016 Parliamentary Elections for Upper Madi Constituency on grounds that his nomination was unlawful
Decision
Petition dismissed; 1st Respondent declared rightful elected Member of Parliament for Upper Madi Constituency

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the 1st Respondent was validly nominated by the 2nd Respondent on 2 December 2015 as the NRM flag bearer for the Parliamentary seat of Upper Madi Constituency. The court restraining order relied upon by the petitioner was served after the nomination had been completed and was therefore overtaken by events. An interlocutory order cannot operate retrospectively to invalidate a nomination already concluded. The 1st Respondent having polled the highest number of votes, his declaration as winner was lawful. Petition dismissed.

Outcome

Petition dismissed; 1st Respondent declared rightful elected Member of Parliament for Upper Madi Constituency

Facts

The petitioner challenged the declaration of the 1st Respondent as winner of the 18 February 2016 Parliamentary Elections for Upper Madi Constituency. The petitioner contended that a restraining order had been issued by the Deputy Registrar on 1 December 2015 in Miscellaneous Application No. 60 of 2015 arising from HCCS No. 24 of 2015, which restrained the NRM from declaring a flag bearer. The petitioner alleged that the 2nd Respondent ignored this order and nominated the 1st Respondent on 2 December 2015. The 1st Respondent had been declared NRM flag bearer on 28 October 2015 following party primaries. The NRM notified the 2nd Respondent on 28 November 2015 of the 1st Respondent as their flag bearer. The 1st Respondent was nominated by the 2nd Respondent on 2 December 2015. The restraining order was served on the 2nd Respondent's Returning Officer at 12:40pm on 2 December 2015, after which she proceeded to nominate the 1st Respondent at 1:10pm. The underlying civil suit was dismissed on 10 February 2016. The Court of Appeal in Miscellaneous Application No. 47 of 2016 ordered on 17 February 2016 that elections proceed with all candidates duly nominated as of 17 February 2016. In the election, the 1st Respondent polled 7,236 votes against the petitioner's 3,946 votes.

Issues

  1. Whether the 1st Respondent was a duly nominated candidate in law for the 18 February 2016 Parliamentary elections for Upper Madi Constituency.
  2. Whether the declaration of the 1st Respondent as winner of the elections for Upper Madi Constituency by the 2nd Respondent was lawful.
  3. What remedies are available to the parties.

Orders

  • The 1st Respondent is declared the rightful elected Member of Parliament for Upper Madi Constituency.
  • Petition dismissed with costs to the Respondents.

Rules and key headnotes

Electoral Law — Nomination of Candidates — Effect of Court Orders on Completed Nominations
Where a candidate has been validly nominated in compliance with the Parliamentary Elections Act before a court restraining order is served, the restraining order cannot operate retrospectively to invalidate the already completed nomination. An interlocutory order served after the event it seeks to restrain has been overtaken by events and serves no purpose.
Electoral Law — Nomination of Candidates — Validity Under Parliamentary Elections Act
Under Section 13 of the Parliamentary Elections Act No. 17 of 2005, a nomination is deemed valid where no factors invalidating the nomination as specified in that section are present. A nomination validly completed in accordance with Section 11 of the Act cannot be administratively reversed by the Electoral Commission except where factors under Section 13 exist or a valid court order requires it.
Electoral Law — Election Petitions — Burden of Proof
The burden of proof in election petitions lies upon the petitioner, who must prove the allegations made in the petition to the satisfaction of the court. Where facts sworn to in an affidavit are not denied or rebutted by the opposite party, the presumption is that such facts are accepted.
Electoral Law — Declaration of Results — Duties of Returning Officer
Under Section 58(1) of the Parliamentary Elections Act No. 17 of 2005, a returning officer is mandated to immediately after addition of votes declare elected the candidate who has obtained the largest number of votes. Where a candidate was validly nominated and polled the highest number of valid votes, the returning officer's declaration is lawful.

Legislation cited (20)

Cases cited (11)

  • Besigye v Museveni and Electoral Commission (Election Petition No. 1 of 2001)
  • Ssekikubo and Others v Attorney General and Others (Constitutional Appeal No. 1 of 2015)
  • Samwiri Masa v Rose Achieng [1978] HCB 297
  • Afro-Ugandan Bros v Mpologoma Bros [1987] HCB 93
  • Esso Kenya Ltd v Mark Makwata Okiya (Civil Appeal No. 69 of 1991)
  • Mbabazi v Museveni and Others (Election Petition No. 1 of 2016)
  • Bashaija Kazoora John v Bitekyerezo Medard and Electoral Commission (Election Petition No. 4 of 2004)
  • Muriisa Nicholas v Attorney General and Others (Miscellaneous Cause No. 35 of 2012)
  • Besigye v Museveni and Electoral Commission (Election Petition No. 1 of 2001)
  • Stanbic Bank and Anor v Commissioner General URA (Miscellaneous Application No. 42 of 2010)
  • Makula International Ltd v Cardinal Nsubuga and Another [1982] HCB 11

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Arumadri v Etka and Anor (Election Petition No. 2 of 2016) [2016] UGHCEP 13 (17 June 2016)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.