First instance body dealing with electoral disputes

ElectoralAct 1968

http://aceproject.org/regions-en/eisa/BW/Electoral%20Act%201968.pdf

Article 37

1. When any nomination paperis delivered and a receipt is produced in pursuance of the provisions ofsection 36, the candidate shall be deemed to stand nominated unless thereturning officer decides that the nomination paper is invalid, or proof isgiven to the satisfaction of the returning officer of the death of thecandidate, or he withdraws in accordance with section 38.

2. The returning officer shallnot be entitled to hold a nomination paper invalid except on the followinggrounds, […]

3. The returning officer’sdecision that a candidate has been validly nominated shall be final and shallnot be questioned in any legal proceedings except on an election petition.

Article 116

A petition complaining of an undue return or anundue election of a Member for any constituency by reason of want ofqualification or by reason of disqualification, corrupt or illegal practice,irregularity, or by reason of any other cause whatsoever, may be presented tothe High Court by.

(a) a voter in that constituency; or

(b) any person who was a candidate at such election:

Provided that a petitioner shall, before lodging his petition with theRegistrar of the High Court, afford every person, other than theMember whose election or qualification is complained of (hereinafter referred to as 'therespondent'), who was a candidate at the election to which thepetition relates an opportunity of becoming a party to the petition as aco-petitioner.

As stated in the Article 37 of the Election Law, candidate nomination for elections can only be questioned in the form of an election petition, which can only be submitted after the announcement of results.