Review Pursuant to the Constitution S155 (2) (b): Application by the Electoral Commission; Re Southern Highlands Elections Act 1979

• Jurisdiction: Papua New Guinea
• Judge: Kapi DCJ, Konilio J, Andrew J
• Judgment Date: 31 October 1991
• Citation: [1991] PNGLR 372
• Court: Supreme Court
• Year: 1991
• Judgement Number: SC418

Supreme Court: Kapi DCJ, Konilio J, Andrew J

Judgment Delivered: 31 October 1991

1 Elections—provincial assembly—election petition—form of petition—compliance with regulation as to filing etc. mandatory—compliance—pre-requisite to jurisdiction—no power to dispense with compliance—s184 Provincial Government (Electoral Provisions) Regulations 1977, s185 Provincial Government (Electoral Provisions) Regulations 1977 (as applied to the Southern Highlands Province)

2 Parliament—Elections—Election petition—Form of petition—Compliance with regulations as to filing etc. mandatory—Compliance pre-requisite to jurisdiction—No power to dispense with compliance—Provincial Government (Electoral Provisions) Regulation 1977 (as applied to the Southern Highlands Province) s184, s185.

3 Compliance with s185 (e) is strict and mandatory and an electoral petition must be filed in the Registry of the National Court at Port Moresby.

4 Mapun Papol v Antony Temo and The Electoral Commission [1981] PNGLR 178 and SCR No 4 of 1982; Delba Biri v Bill Ninkama [1982] PNGLR 342 referred to

5 National Court Act (Ch38), National Court Rules, Organic Law on National Elections, Provincial Government (Electoral Provisions) Regulation (Ch56), Southern Highlands Provincial Government Elections Act 1979 referred to

___________________________

PAPUA NEW GUINEA

[SUPREME COURT OF JUSTICE]

REVIEW PURSUANT TO THE CONSTITUTION SECTION 155 (2) (B) APPLICATION BY THE ELECTORAL COMMISSION

Waigani

Kapi DCJ Konilio Andrew JJ

24 September 1991

31 October 1991

PARLIAMENT — Elections — Election petition — Form of petition — Compliance with regulations as to filing etc. mandatory — Compliance pre-requisite to jurisdiction — No power to dispense with compliance — Provincial Government (Electoral Provisions) Regulation 1977 (as applied to the Southern Highlands Province) ss 184, 185.

Compliance with s 185 (e) is strict and mandatory and an electoral petition must be filed in the Registry of the National Court at Port Moresby.

Cases Cited

Mapun Papol v Antony Temo and The Electoral Commission [1981] P.N.G.L.R. 178.

SC Reference No 4 of 1982; Re Delba Biri v Bill Ginbogl Ninkama [1982] P.N.G.L.R. 342.

Legislation Cited

National Court Act (Ch No 38).

National Court Rules.

Organic Law on National Elections.

Provincial Government (Electoral Provisions) Regulation (Ch No 56).

Southern Highlands Provincial Government Elections Act 1979.

Counsel

P Ame, for the applicant.

R Habuka, for the petitioner.

31 October 1991

KAPI DCJ KONILIO ANDREW JJ: This is a review pursuant to s 155 (2) (b) of the Constitution sought by the Principal Legal Adviser and lawyer for the Electoral Commission, seeking the quashing of orders granted by the National Court wherein the court refused to strike out an election petition for not complying with s 185 (e) of the Southern Highlands Elections Act 1979 (as adopted).

The grounds for review are as follows:

(1) The learned judge erred in law in holding that the petitioner's failure to file the petition in the Registry of the National Court at Port Moresby as required by s 185 (e) of the Southern Highlands Elections Act 1979 (as adopted) was a question of practice...