Don Pomb Pullie Polye v Jimson Sauk Papaki and Electoral Commission of Papua New Guinea (1999) SC643

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 24 November 1999
• Citation: (1999) SC643
• Docket Number: SC 22 of 1999
• Year: 1999

Full Title: SC 22 of 1999; Don Pomb Pullie Polye v Jimson Sauk Papaki and Electoral Commission of Papua New Guinea (1999) SC643

Supreme Court: Sheehan J, Jalina J, Sawong J

Judgment Delivered: 24 November 1999

1 Practice and Procedure—Judicial Review—Jurisdiction—application for Court to review error—however an application to reargue issues and argue point not raised on appeal—abuse of process—application to reopen appeal by applicant following unsuccessful appeal—power of Supreme Court to review its own decisions—principles on which court will consider application to reopen—res judicata

2 Election petition—lack of standing as an elector and candidate—name not appearing on the common roll

3 SCR No 4 of 1982; Delba Biri v Bill Ninkama [1982] PNGLR 342 and Daniel Don Kapi v Takai Kapi (1998) SC548 referred to

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By the Court: We have considered this matter and are unanimous that the appeal is not only incompetent but an abuse of process. We now give reasons for this decision.

The decision that the Applicant Don Pomb Pullie Polye seeks to revisit was a finding by this Court that the Applicant whose name did not appear at all on the Electoral Roll for the Kandep Open Electorate was not eligible to stand as a candidate for that Electorate in the 1997 National Election. Further although he did stand as a candidate, when he failed to be elected he was not eligible or entitled to bring a petition as a candidate under that name to challenge the election. Simply stated, the decision was that if you have your name on one...