In Re Manus Provincial Parliamentary Election: Arnold Marsipal v Michael Pondros [1977] PNGLR 354

• Jurisdiction: Papua New Guinea
• Judge: Frost CJ
• Judgment Date: 13 October 1977
• Citation: [1977] PNGLR 354
• Court: National Court
• Year: 1977
• Judgement Number: N112

Full Title: In Re Manus Provincial Parliamentary Election: Arnold Marsipal v Michael Pondros [1977] PNGLR 354

National Court: Frost CJ

Judgment Delivered: 13 October 1977

1 Elections—Parliament—disputed election petition—errors of officers in permitting persons under voting age to vote—not initialling ballot papers—whether any obligation on electoral officers to inform person of rights under Organic Law on National Elections s141(1)—Court's jurisdiction to grant leave to amend petition

2 PARLIAMENT—Elections—Disputed election petition—Election of Member of Parliament—Petition for declaration that candidate returned was not duly elected—Errors or omissions by officers—Principles applicable—Onus of proof—Organic Law on National Elections s212(1)(f), s218(1), s219(a).

On the hearing of a disputed election petition under s206 of the Organic Law on National Elections by a losing candidate for a declaration under s212(1) thereof that the candidate returned was not duly elected, on the grounds that there had been breaches of the provisions of the Organic Law on National Elections, and in particular breaches of s136(1) and s141(1) thereof.

Held:

(1) The power under s212(1) of the Organic Law on National Elections to "declare that a person who was returned as elected was not duly elected" can only be exercised if the petitioner can show that by reason of official irregularities there was a real possibility of a sufficient number of votes affected "to affect the result of the election" as required by s218(1) thereof, cannot be exercised if it appears that the result was plainly not affected.

Re Moresby Northwest Parliamentary Election: Gavera Rea v Mahuru Rarua Rarua [1977] PNGLR 338 followed.

(2) Where the person declared elected had a majority of 730 votes and where the total number of votes shown or said to have been affected by irregularities amounted to 21 votes, there was no real possibility of there being sufficient votes affected to "affect the result of the election" as required by s218(1) of the Organic Law on National Elections.

(3) Accordingly, the petition should be dismissed.

Petition.

This was a petition to the National Court sitting as a court of disputed returns, pursuant to s206 of the Organic Law on National Elections contesting the validity of the election of a Member of Parliament on the grounds of irregularities in electoral procedures.

___________________________

Frost CJ: This election petition concerns the electorate of Manus Provincial.

At the general elections 1977, the candidate declared elected was Mr...