The High Court in Lilongwe has rejected an application by legislator Alfred Gangata to have an election petition against him thrown out, clearing the way for the case challenging his parliamentary victory in Lilongwe City Mtandire-Mtsiriza to continue.
The ruling, delivered by Justice Msiska, means a petition filed by George Charles Zulu seeking the nullification of the election results and a possible by-election will now be heard by the court.
Gangata had asked the court to dismiss the matter, arguing that the issues raised had already been dealt with in a previous case involving the same parties.
However, Justice Msiska ruled that the earlier matter did not fully address questions relating to undue election and undue return under Section 101 of the law.
“The primary target was not the validity of the election,” ruled Justice Msiska,” reads part of the ruling.
The judge added that there was a clear distinction between Election Cause No. 52 of 2025 and the current case.
“On that basis, there is a distinction between Election Cause No. 52 of 2025 and this one. The respondents’ application is therefore dismissed with costs,” ruled Justice Msiska.
The decision means the court will proceed with hearing the substantive petition challenging Gangata’s election as a member of parliament for the constituency.
