MMD national secretary Richard Kachingwe has petitioned the Lusaka High Court to nullify the election of Nevers Mumba as president of the trouble-torn party.
Major Kachingwe dragged Dr Mumba to the court challenging his continued stay at the helm of the MMD.
He has requested that his invalidation on November 30, 2012 of Dr Mumba's election to the position of party president be upheld.
Maj Kachingwe also wants the court to quash any instructions and decision made by Dr Mumba purporting to expel him from the MMD.
Additionally, he has applied for an order of injunction restraining Dr Mumba from holding himself as MMD party president until the matter was disposed of.
He said Dr Mumba should be stopped from performing or purporting to perform the functions of the party presidency.
Maj Kachingwe stated in a writ of summons filed by MMD lawyer Hobday Kabwe yesterday that he invalidated the election of Dr Mumba as party president because the outspoken leader had not resigned from Reform Party (RP), among other reasons.
Maj Kachingwe said the powers and functions vested in the national secretary by the party constitution included those to ensure discipline and taking disciplinary action against officers and members of the party.
He said in October this year, he filed statutory returns with the Registrar of Societies.
He said the office of the Registrar of Societies refused to accept the party's filing citing an anomaly because Dr Mumba, who appeared as the party president on the documents, was still president of the RP.
Maj Kachingwe said he informed Dr Mumba about the position of the Registrar of Societies that returns and notice of change of office bearers could not be accepted until the anomalies were rectified or Dr Mumba resigned his position as RP president.
He said despite his advice to Dr Mumba that he urgently needed to resign his position, he had remained adamant prompting the Registrar of Societies to issue the MMD with the last warning ending on December 7, this year.
He said Dr Mumba's stance had left the MMD in a precarious position and as such, he was left with no option but to invalidate his election in the interest of the party.
Maj Kachingwe stated that on November 30, 2012, he informed Dr Mumba of the invalidation of his election and advised members of the National Executive Committee (NEC) that MMD vice-president - political, Michael Kaingu would take over the party presidency on an acting basis.
He contended that surprisingly, in a counter-reaction, Dr Mumba sent some hooligans to harass and beat him up.
Dr Mumba further held a media briefing and purported to expel Maj Kachingwe from his party position as national secretary when he had no powers or locus standi to do so.
Maj Kachingwe said the invalidation was also in requirement of the Republican Constitution under Article 34 (3) (d).
He said Dr Mumba was inducing, persuading and promoting a culture of violence within the party and was procuring thugs to break the law.