Don Pomb Pullie Polye v Jimson Sauk Papaki and Electoral Commission of Papua New Guinea

• Jurisdiction: Papua New Guinea
• Judge: Sheehan J, Jalina J, Sawong J
• Judgment Date: 24 November 1999
• Court: Supreme Court
• Citation: (1999) SC643
• Docket Number: SC 22 of 1999
• Year: 1999
• Judgement Number: SC643

Supreme Court: Sheehan J, Jalina J, Sawong J

Judgment Delivered: 24 November 1999

SC643

PAPUA NEW GUINEA

[In the Supreme Court of Justice]

SCR 22 of 1999

BETWEEN:

DON POMB PULLIE POLYE

Petitioner

AND:

JIMSON SAUK PAPAKI

First Respondent

AND:

ELECTORAL COMMISSION OF

PAPUA NEW GUINEA

Second Respondent

Waigani: SHEEHAN, JALINA,

SAWONG, JJ.

1999: 24th November

Jurisdiction — application for Court to review error — application shown to reargue issues — abuse of process.

Mr A. Kwimberi for the Applicant

Mr G. Sheppard for the First Respondent

Mr A. Kongri for the Second Respondent

DECISION

BY THE COURT: We have considered this matter and are unanimous that the appeal is not only incompetent but an abuse of process. We now give reasons for this decision.

The decision that the Applicant Don Pomb Pullie Polye seeks to revisit was a finding by this Court that the Applicant whose name did not appear at all on the Electoral Roll for the Kandep Open Electorate was not eligible to stand as a candidate for that Electorate in the 1997 National Election. Further although he did stand as a candidate, when he failed to be elected he was not eligible or entitled to bring a petition as a candidate under that name to challenge the election. Simply stated, the decision was that if you have one name on electoral roll you can not vote or stand for Parliament in another.

The Applicant now asks this Court to review that decision because although pleading that the...