Judgment No. SC 69/15 11 Civil Appeal No. SC 9/14 b. The petition has since been heard, and at the time this appeal was argued, judgment on it stood reserved. The petition was heard without the benefit of the evidence the appellant wished to extract from the boxes and packets in question. To be specially noted in this respect is the fact that the Electoral Court must determine every election petition within 6 months from the date of its presentation. This is by virtue of s182 of the Act, which I find to properly fall within the ambit of s157(1(g)of the Constitution4 c. The application a quo was properly founded upon the pendency of the petition that the applicant had filed under a different case in the Electoral Court. In other words the application had to be heard and determined while the petition was concurrently pending a determination. d. Given this circumstance, it becomes evident that the foundation upon which the application could stand and be sustained ceased to exist when the hearing of the petition was concluded and judgment on it reserved. In that sense, the petition became a fait accompli. To that extent, a remittal of the matter to the court a quo would serve no legal purpose. e. Lastly one may mention the fact that because the petition was heard, (and possibly determined by now) on a basis other than the material sought to be accessed from the sealed boxes, any link it might have had to the application in casu ceased to exist. The petition can properly be determined on appeal,(should there be one), without reference to the application and the relief sought therein. 4 It provides that an Act of Parliament must provide for the conduct of elections and referendums (sic) to which the constitution applies, in particular for matters listed therein, which include ‘challenges to elections’ (my emphasis)