Wakilii

Shukla v Electoral Commission and Another (Election Petition No. 9 of 2021)

High Court · [2021] UGHCCD 115 · 2021 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Election petition challenging parliamentary election results
Decision
Election petition dismissed; 2nd respondent's election as Member of Parliament for Nakawa West Constituency upheld

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Holding

Held that the petitioner failed to prove to the satisfaction of court any illegal practices, electoral offences, or noncompliance with electoral laws that substantially affected the election results. The unsealed and uncertified declaration of results forms were inadequately authenticated, and even if the alleged irregularities at eight polling stations had been proved, the 2nd respondent's winning margin of 30,847 votes was overwhelming enough that such irregularities could not have affected the result in a substantial manner. The election petition was dismissed with costs.

Outcome

Election petition dismissed; 2nd respondent's election as Member of Parliament for Nakawa West Constituency upheld

Facts

The petitioner and 2nd respondent were among 14 candidates in the parliamentary election for Nakawa Division West Constituency held on 14 January 2021. The 1st respondent declared the 2nd respondent the winner with 31,653 votes against the petitioner's 806 votes. The petitioner challenged the election on grounds that the 1st respondent failed to conduct the election in accordance with electoral laws, alleging ballot stuffing, allowing unregistered voters to cast votes, unsigned declaration of results forms, and material alterations on declaration forms. The petitioner attached eight uncertified declaration of results forms to his affidavit in support. The 2nd respondent's agents and the petitioner's agents both signed the declaration of results forms at the contested polling stations.

Issues

  1. Whether there is a valid and competent petition before this court.
  2. Whether there were illegal practices or any electoral offences under the law committed by the 2nd respondent or his agents with his knowledge and consent or approval.
  3. Whether there was noncompliance with the provisions of the Constitution, the Parliamentary Elections Act and the Electoral Commission Act by the respondents.
  4. Whether the noncompliance substantially affected the results.
  5. The remedies available if any.

Orders

  • The election petition is dismissed with costs to the respondents.
  • The victory of the 2nd respondent as the validly elected Member of Parliament for Nakawa West Constituency is upheld.

Rules and key headnotes

Electoral Law — Election Petitions — Standard of Proof — Proof to Satisfaction of Court
The standard of proof required in an election petition is proof to the satisfaction of the court on a balance of probabilities, which is a very high standard because the subject matter is of critical importance to the welfare of the people and their democratic governance, and the degree of probability must be such as would compel the court to act on the evidence.
Evidence — Documentary Evidence — Public Documents — Declaration of Results Forms
A declaration of results form is a public document within the meaning of the Evidence Act and requires certification if it is to be presented as authentic and valid evidence, unless the petitioner has given notice to the Electoral Commission to produce the particular declaration forms and it failed to do so.
Civil Procedure — Affidavit Evidence — Commissioner for Oaths Rules — Sealing of Annexures
All exhibits to affidavits must be securely sealed to the affidavits under the seal of the commissioner and marked with serial letters of identification, and while failure to comply is irregular, the court may in peculiar circumstances decline to treat the omission as fatal where all evidence has been laid before the court for determination.
Electoral Law — Election Petitions — Agents Signing Declaration Forms — Estoppel
When an agent signs a declaration of results form, he is confirming the truth of what is contained in it, and the candidate is therefore estopped from challenging the contents of the form because he is the appointing authority of the agent.
Electoral Law — Election Petitions — Substantiality Test — Noncompliance Affecting Results
Noncompliance with electoral laws per se cannot overturn an election; the noncompliance must be so significant as to substantially affect the results, and to succeed the petitioner must prove that the noncompliance was such that the winning majority would have reduced enough to put the victory in doubt.

Legislation cited (14)

Cases cited (12)

  • Besigye v Museveni and Electoral Commission (Presidential Election Petition No. 1 of 2001)
  • Mukasa v Bayiga (Election Petition Appeal No. 18 of 2007)
  • Akurut v Emurut (Election Petition Appeal No. 40 of 2016)
  • Ngoma Ngime v Electoral Commission and Another (Election Petition No. 1 of 2001)
  • Kakooza v Yiga and Another (Election Petition Appeal No. 11 of 2007)
  • Ongole v Electoral Commission and Another (Election Petition No. 8 of 2006)
  • Toolit v Oulanyah and Others (Election Petition Appeal No. 19 of 2011)
  • Suubi Kinyamatama v Ssentongo Robinah Nakasirye (Election Petition Appeal No. 92 of 2016)
  • Bamukwatsa v Masiko and Another (Election Petition Appeal No. 81 of 2021)
  • Babu v Electoral Commission and Lukwago (Election Petition No. 10 of 2006)
  • Kassaja v Gume (Election Petition Appeal No. 68 of 2016)
  • Opendi and Another v Ayo (Election Petition Appeal Nos. 59 and 61 of 2016)

Full judgment

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

Shukla v Electoral Commission and Another (Election Petition No. 9 of 2021) [2021] UGHCCD 115 (14 October 2021)
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.