Andrew Ariako, Member for Mikarep Constituency in the Madang Provincial Government v Mahuyu Singoa, Member for Naho Rawa Constituency in the Madang Provincial Government, Jerry Manyir, Acting Assembly Clerk and Madang Provincial Government [1995] PNGLR 38

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [1995] PNGLR 38
• Date: 13 January 1995
• Year: 1995

Full Title: Andrew Ariako, Member for Mikarep Constituency in the Madang Provincial Government v Mahuyu Singoa, Member for Naho Rawa Constituency in the Madang Provincial Government, Jerry Manyir, Acting Assembly Clerk and Madang Provincial Government [1995] PNGLR 38

National Court: Sawong AJ

Judgment Delivered: 13 January 1995

1 Practice and procedure—injunctions—interlocutory injunction—principles upon which granted—serious question for determination—balance of convenience

2 Constitutional law—provincial government—Assembly—procedures—whether Court should usurp legislative function—separation of powers—Constitution s99(3)

3 Employers Federation of Papua New Guinea v Papua New Guinea Waterside Workers and Seamen's Union (1982) N393, Public Employees Association of PNG v Public Services Commission [1983] PNGLR 206, Edward James Peter Robinson v National Airlines Commission [1983] PNGLR 476 referred to

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Sawong AJ: On the 11 and 12 January 1995, I granted ex parte interim injunctions restraining the Second and First Defendants respectively, restraining them from convening the Madang Provincial Assembly pending the determination of the substantive issues contained in the Originating Summons. I made the Interlocutory Orders returnable to this Court this morning. This was to enable both parties an opportunity to be heard, if any, on whether I should continue the Interlocutory Orders or not.

The Plaintiff has now filed and served an amended Originating Summons. In the amended Originating Summons the Plaintiff seek the following:

1. A declaration that the election of the Mahuyu Singoa as Speaker of the Madang Provincial Assembly on Friday 30 December 1994 is valid.

2. A Declaration that the purported resignation of Mahuyu Singoa as Speaker of the Madang Provincial Assembly on 30 December 1994 is invalid and null and void and of no effect.

3. A Declaration that Mahuyu Singoa is still the lawfully elected Speaker of the Madang Provincial Assembly.

4. Declaration that the letter resignation tendered by the Speaker Mr Mahuyu Singoa to the Acting Clerk of the Madang Provincial Assembly does not become effective until the Provincial Assembly being his electing and or appointing authority decides by two–thirds absolute majority vote to accept his resignation.

5. A Declaration that the Acting Clerk of the Madang Provincial Assembly does not have the power and or mandate to accept a resignation by the Speaker of the Madang Provincial Assembly.

6. A Declaration that the Speaker of the Madang Provincial Assembly and or the Clerk of the Madang Provincial Assembly do not have the power to adjourn the first sittings of the Provincial Assembly after a general election unless the Provincial Assembly, by a majority vote decides to do so.

7. A Declaration that the Speaker of the Provincial Assembly does not have a right to vote in the Assembly except a casting vote in the event of equality of votes.

8. A Declaration that the group of twelve members led by the Plaintiff were deemed to have formed the Madang Provincial Government on Friday 30 December 1994, in that the Plaintiff's group had twelve solid members while the other group had only eleven members after the election of the Speaker.

9. A Declaration that the Plaintiff's group's nominees for the following offices are deemed to have been elected to the office on 30 December 1994 as the Plaintiff's group had the majority of twelve members and the other group had eleven members after the election of the Speaker.

1. Premier—Andrew Ariako;

2. Deputy Premier—Tabu Silau;

3. Deputy Speaker—Flavin Kasinai.

10. Alternatively, a direction that when the Madang Provincial Assembly next meets, the following be the Order of Business.

1. Election of Premier under s32 of the Madang Provincial Constitution.

2. Election of Deputy Premier under s33 of the Madang Provincial Constitution.

3. Election of Deputy Speaker of the Madang Provincial Assembly under s13 of the Madang Provincial Constitution.

11. Alternatively, an Order that the Speaker of the Assembly convene an assembly meeting forthwith for the election of the Premier, Deputy Premier and Deputy Speaker of the Madang Provincial Assembly.

12. Costs of this action be paid by the Defendants.

13. Seek further and other orders as the Court deems fit.

I have set out in full the relief claimed by the plaintiff to show clearly the issues involved in these...