and in re: A Disputed Return in a General Election for the West New Britain Provincial Electorate in the 1997 General Elections; Greg Mongi v Bernard Vogae and The Electoral Commission (1997) N1635

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 24 October 1997
• Citation: (1997) N1635
• Docket Number: In re The Organic Law on National and Local–level Government Elections
• Year: 1997

Full Title: In re The Organic Law on National and Local–level Government Elections; and in re: A Disputed Return in a General Election for the West New Britain Provincial Electorate in the 1997 General Elections; Greg Mongi v Bernard Vogae and The Electoral Commission (1997) N1635

National Court: Injia J

Judgment Delivered: 24 October 1997

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Injia J: The respondents by separate motions apply to dismiss the election petition filed pursuant to s206 of the Organic Law on National and Local–level Government Elections (No 3 of 1997) on 8 August 1997. The applications are based on two grounds namely: (1) that the Petition fails to comply with Organic Law on National and Local–level Government Elections s208(a) in that the petition does not set out sufficient facts to support the grounds of bribery and errors or omissions; (2) that the petition fails to comply with s208(b) in that the petition does not set out the correct relief the petitioner is entitled to seek under Organic Law on National and Local–level Government Elections, s215(1). I will deal with the latter ground first. If I decide to dismiss the petition on this ground alone, it may become unnecessary to decide the first ground.

The provisions of the Organic Law on National and Local–level Government Elections relevant for the purpose of this exercise are s208(a) and (b) and s210 but for completeness sake I set out s208, s209 and s210 in full:

"208. REQUISITES OF PETITION

A petition shall—

(a) set out the facts relied on to invalidate the election or return; and

(b) specify the relief to which the petitioner claims to be entitled; and

(c) be signed by a candidate at the election in dispute or by a person who was qualified to vote at the election; and

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

(e) be filed in the Registry of the National Court at Port Moresby or at the court house in any Provincial headquarters within 40 days after the declaration of the result of the election in accordance with s175(1)(a).

"209. DEPOSIT AS SECURITY FOR COSTS

At the time of filing the petition the petitioner shall deposit with the Registrar of the National Court the sum of K2,500.00 as security for costs.

"210. NO PROCEEDINGS UNLESS REQUISITES COMPLIED WITH

Proceedings shall not be heard on a petition unless the requirements of s208 and s209 are complied with."

The principles relating to the construction and application of the above provisions are well settled in this jurisdiction. An election petition must strictly comply with the mandatory requirements of s208 and no petition can proceed to a substantive (evidentiary) hearing unless each and every requirement...