What remedies are available in the first instance?
Malawi
- Annulment of results
- Re-run the election
- Order registration of a candidate/party
Parliamentary and Presidential Elections Act 1993, 100
100.-( I) A complaintalleging an undue return or an undue election of a person to the office ofPresident by reason of irregularity or any other cause whatsoever shall hepresented by way of petition directly to the High Courtwithin forty-eight hours, including Saturday, Sunday and a public' holiday, ofthe declarationof the result of the election in the name of the person-
(a) claiming to havehad a right to be elected at that election; or
(b) alleging himselfto have been a candidate at such election.
(2) Inproceedings with respect to a petition under subsection
(I),the Commission shall be joined as' respondent.
(3)If on the hearingof a petition presented under subsection (.1), the High Court makes an orderdeclaring—
(a) that the President was duly elected,such election shall be and remain valid as ifno petition had been presented against his election; or
(b) that thePresident was not duly elected, the Registrar of the High Court shall forthwithgive notice of that fact to the Commission which shallpublish a notice in the Gazette stating the effect of the order of theHigh Court.
Pursuant toan order of the High Court under subsection 3 (b) declaring that the President was notduly elected, a fresh election to the office ofPresident shall be held in accordance with this Act.
PoliticalParties (REGISTRATION AND REGULATION) ACT NO 15 OF 1993. 8.
1. Wherethe Registrar refuses to register a political
2. TheRegistrar shall be entitled to be heard on an appeal.
