Michael Badui v Bart Philemon, Alfred Pogo and Electoral Commission

• Jurisdiction: Papua New Guinea
• Judge: Hinchliffe J
• Judgment Date: 22 September 1992
• Citation: [1992] PNGLR 451
• Court: National Court
• Year: 1992
• Judgement Number: N1114

National Court: Hinchliffe J

Judgment Delivered: 22 September 1992

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

MICHAEL BADUI

V

BART PHILEMON,

ALFRED POGO AND

ELECTORAL COMMISSION

Lae

Hinchliffe J

21-22 September 1992

PARLIAMENT — Elections — Disputed election petition — Form of petition — Compliance with requirements as to form etc. mandatory — Organic Law on National Elections ss 208, 210, 217.

Facts

The respondents applied to have an election petition struck out on the ground that the mandatory requisites of s 208 (d) of the Organic Law on National Elections have not been complied with. Section 208 (d) provides: "A petition shall (d) be attested by two witnesses whose occupations and addresses are stated...." In the petition, two people have attested to it but their addresses have not been included.

Held

1. An election petition disputing the validity of an election addressed to the National Court and filed pursuant to s 206 of the Organic Law on National Elections must comply strictly with each and every requirement of s 208 of that law.

2. By the terms of s 210 of the Organic Law, the petition cannot proceed to a substantive hearing for failure to comply strictly with the requirements of s 208 (d) of the Organic Law.

3. Section 217 of the Organic Law is only relevant when the National Court determines the merits of the case and when dealing with the evidence before it. It is a procedural section only.

Cases Cited

Biri v Ninkama [1982] PNGLR 342.

Counsel

S Norum, for the petitioner.

D Sawong, for the first respondent.

D Kombagle, for the second and third respondents.

Cur Ad Vult

HINCHLIFFE J: The respondents have moved to have the election petition struck out for failure to comply with the requirements for petitions as set out in s 208 (d) of the Organic Law on National Elections. Section 208 (d) provides:

"208. Requisites of petition

A petition shall:

(d) be attested by two witnesses whose occupations and addresses are stated ...."

In this petition, two people have attested to it but their addresses have not been included. The lawyer for the petitioner has submitted that the words in the attestation clause which read, "we the undersigned do sign and attest to the above petition made at...