In ro Petition by K. A. Thabit, Misc. Civ. 5-D-67; -/6/67; Saidi J.

 

In ro Petition by K. A. Thabit, Misc. Civ. 5-D-67; -/6/67; Saidi J.

Petitioner, the unsuccessful candidate in the election to the seat in Ward 10 of the Rufiji District Council, prays that the election be declared void, because the election symbols given to him and his rival were reversed on the ballot papers. Petitioner had been given the symbol “House”, his opponent was given the symbol “Hoe”. The Returning Officer testified that 75 per cent of the voters in the Rufiji District were illiterate and were guided by the symbols rather than the names of the candidates. Petitioner received 31 votes to 267 for his opponent.

            Held: It cannot be surely said that the results would be reversed had the symbols been aligned with the proper names, so the petitioner cannot be declared elected. The fairest solution would be to hold the election afresh, and the High Court so ordered.