Judgment No. SC 69/15 4 Civil Appeal No. SC 9/14 (iv) therefore, some of the election residue in those elections were concurrently, all ‘harmonised’(The appellant, however, takes the Commission to task over this situation, as discussed later in this judgment), (v) an order granting the relief sought by the appellant would, of necessity have given him access to election material relating to the Presidential and the Local Government elections, in circumstances where, a) he had no use for such other election residue, and b)neither the President nor the other candidates in the Parliamentary and Local Government elections for the same constituency had cause to seek relief similar to the one that the appellant was seeking, and, (vi) the appellant as a candidate had the right, in terms of s 70(4) of the Electoral Act, to seek the order that he sought, since it was for the purpose of his (then) pending election petition. The pertinent provisions of the Electoral Act provide as follows; “70. Custody and disposal of ballot and other papers (1)………………………………. (2)………………………………. (3)………………………………… (4) No person shall open any packet referred to in subsection (1) or permit any such packet to be opened, except in terms of an order of the Electoral Court, which may be granted by the Electoral Act on its being satisfied that the inspection or production of the contents of such packet is required for the purpose of instituting or maintaining a prosecution for an offence in relation to an election or return or for the purpose of a petition questioning an election or return. (5) An order of the Electoral Court referred to in subsection (4) may be made subject to such conditions as the Electoral Court may think fit to impose: Provided………………………….” (my emphasis)