Election Petitions of Uganda - 2017 September

2 judgments
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2 judgments
Citation
Judgment date
September 2017
26 September 2017
Court set aside annulment: uncertified DR unreliable and non‑local registration does not disqualify candidacy; petition dismissed.
Election law – challenge to local council election result – substantial effect test (quantitative and qualitative analysis). Electoral procedure – Declaration of Results (DR) forms – certified EC copies as best evidence; uncertified, disputed DR unreliable. Local Governments Act – qualification to stand – being registered in a different locality does not automatically disqualify a candidate; proof of registration required. Section 136 LG Act – duty of presiding officers to transmit DR, sealed materials; failure to do so undermines credibility of process. Standard of proof in election petitions – balance of probabilities.
4 September 2017