In The Matter of The Organic Law on National and Local–level Government Elections and In The Matter of The Disputed Return in a General Elections for The Central Bougainville Open Electorate; Dr Benedict Pisi v Sam Akoitai and The Electoral Commission

• Jurisdiction: Papua New Guinea
• Judge: Sawong J
• Judgment Date: 20 October 1997
• Citation: (1997) N1694
• Court: National Court
• Year: 1997
• Judgement Number: N1694

National Court: Sawong J

Judgment Delivered: 20 October 1997

N1694

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

EP NO. 57 OF 1997

IN THE MATTER OF THE ORGANIC LAW ON NATIONAL AND LOCAL-LEVEL GOVERNMENT ELECTIONS

IN THE MATTER OF THE DISPUTED RETURN IN A GENERAL ELECTIONS FOR THE CENTRAL BOUGAINVILLE OPEN ELECTORATE

BETWEEN: DR. BENEDICT PISI

PETITIONER

AND: SAM AKOITAI

1ST RESPONDENT

AND: THE ELECTORAL COMMISSION

2ND RESPONDENT

Waigani

Sawong J

17 October 1997

20 October 1997

GENERAL ELECTIONS — Petitions — Dispute result of elections — Objections to Petition — Objections to Petition — Organic Law s. 208 (e) — Time Limit for filing Petition

Cases Cited

Biri -v- Ninkama [1982] PNGLR 342

Chan -v- Apelis, Unreported Judgement N1627

Counsel

Mr. Alua,, for Petitioner

Mr. M. Koiri,, for First Respondent

Mr. D. Dotaona,, for Second Respondent

20 October 1997

SAWONG J: The First and Second Respondents (respondents) apply to dismiss the Petition filed by the Petitioner in its entirety. They rely on three grounds, the first is that the Petition was filed outside the 40 days time limit imposed by s. 208 (e) of the Organic Law on National and Local level Government Elections (Organic Law). The second is the reliefs to which he is not entitled to. The final ground is that the pleading pleaded offend against s. 208 (a) of the Organic law, in that the pleadings either do not state material facts or that insufficient material facts have been left out.

I propose to deal with the submissions in relation to the first ground, because in my view the ruling on the point will determine whether the Court should embark all upon considering the other grounds.

Section 208 (e) of the Organic law, so far as is relevant reads:

"208. REQUISITES OF PETITION

A petition shall ...

(e) be filed in the Registry of the National Court in Port Moresby or at the Court house in any Provincial headquarters within 40 days after the declaration of the result of the elections in accordance with s. 175 (1) (a) ". (emphasis is mine).

The issue of the 40 days time limitation has been considered recently in Sir Julius Chan -v- Ephraim Apelis, Unreported Judgement N1627, dated 13 October, 1997 by Injia, J.

The facts of that case is quite different to the facts of the present case. Nevertheless, I consider the principles of law laid down in that are relevant and applicable. In that case, the Court was considering, amongst other matters,...