The High Court in Lilongwe is on April 27 expected to hear a case in which 184 former Members of Parliament (MPs) want the results of the May 21 elections nullified.
The hearing comes two months after the court in February shot down an attempt by the ex-MPs to obtain an injunction to stop the current Parliament from transacting.
Among others, the ex-MPs, led by Frank Kuyokwa, want the court to declare that all members of Malawi Parliament elected during the May 2019 tripartite elections should be deemed not to have been duly elected.
The ex-MPs also want the court to declare all seats of legislators to the Malawi Parliament vacant.
The farmer lawmakers are also requesting the court to order that the fresh presidential election ordered by the Constitutional Court within 150 days should include that of MPs.
In the case, which will come before Justice Ruth Chinangwa, the former parliamentarians also want the court to declare that the Electoral Commission grossly mismanaged the May 2019 tripartite elections such that any election result declared by should be deemed null and void.
“That the President of the Republic of Malawi having not assented to the Electoral Laws Amendment Bills, the current constitutional laws relating to the conduct of elections require the defendant [Mec] to administer presidential elections concurrently with local government elections and elections to the National Assembly,” reads part of the summons.
When he dismissed their application for an injunction, High Court Judge Charles Mkandawire urged the ex-MPs to go back to the drawing board and follow proper steps on how to commence an election petition according to law.