The seat in Blantyre city central constituency which is considered the country political barometer was won independent candidate Eunice Makangala (pictured), aged 39, who took 39 percent of the votes.
However, on Tuesday, DPP had gone to court to challenge the results.
Yes, we have refused to concede defeat, a DPP member of the National Governing Council.
Makangala confirmed receiving court summons for the case but declined to comment saying she had instructed private practice lawyer John Gift Mankhwawa to represent her.
Electoral Commission chairwoman, Justice Anastasia Msosa declared Makangala winner of the by-elections.
The electoral body official results showed that Makangala had won the poll 4,539 votes, followed by DPPs Mkandawire who had garnered 2,748 votes.
The elections were successfully conducted, free from violence despite the low turnout, she said.
Gift Mwamondwe, who was defending the seat as an independent candidate, performed dismally, but has ruled out challenging the results.
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Malawis ruling Democratic Progressive Party (DPP) has refused to accept the outcome of the recent by-election in Blantyre City Central constituency and its candidate Themba Mkandawire wants the results overturned in court.