Uganda Case Law

Balwanga v Electoral Commission & 2 Ors

Balwanga v Electoral Commission & 2 Ors (Election Petition No. 0047 of 2011) [2012] UGHC 223 (1 November 2012)

Court

High Court of Uganda

Case number

Election Petition No. 0047 of 2011

Judge

Zehurikize, J

The court found that the election was not conducted in full compliance with the Parliamentary Elections Act, specifically regarding the mandatory recount provision. The margin of thirty votes between the petitioner and the declared winner triggered a mandatory recount under section 54, which was requested in writing before transmission of results to the Electoral Commission. The 2nd respondent's decision to halt the recount due to missing seals, despite no evidence of tampering, was unjustified and amounted to non-compliance. This failure, combined with unresolved issues regarding invalidated…

Source excerpt

• Parliamentary Elections Act Compliance
• Mandatory Recount Procedure
• Disenfranchisement Of Voters
• Invalidated Votes
• Ballot Box Security

Balwanga Balwana v Electoral Commission and 2 Ors

Balwanga Balwana v Electoral Commission and 2 Ors (Election Petition No. 47 of 2011) [2012] UGHCEP 8 (1 November 2012)

Court

Election Petitions of Uganda

Case number

Election Petition No. 47 of 2011

Election petition allowed after the court held that a mandatory recount was wrongly halted in a close parliamentary race decided by 30 votes.

• Parliamentary Elections
• Mandatory Recount
• Electoral Non Compliance
• Disenfranchisement
• Invalid Votes
• Ballot Box Security