Re Delba Biri; Delba Biri v Bill Gimbogl Ninkama, Electoral Commission of Papua New Guinea, Ben Bande and Bonoan Palume [1982] PNGLR 342

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Date: 05 October 1982
• Citation: [1982] PNGLR 342
• Docket Number: Supreme Court Reference No 4 of 1982
• Year: 1982

Full Title: Supreme Court Reference No 4 of 1982; Re Delba Biri; Delba Biri v Bill Gimbogl Ninkama, Electoral Commission of Papua New Guinea, Ben Bande and Bonoan Palume [1982] PNGLR 342

Supreme Court: Kidu CJ, Kapi DCJ, Andrew J

Judgment Delivered: 5 October 1982

1 Elections—Parliament—disputed election petition—Organic Law on National Elections s206—requisites of petition—must comply strictly with all the requisites in Organic Law on National Elections s208, Organic Law on National Elections s209—nature of election petitions discussed

2 Constitutional law—practice and procedure—time limits—amendment of petition—rigid time limits contained in Organic Law on National Elections s2(2) and Organic Law on National Elections s208(E) preclude any amendment of petition after the period of 2 months from the declaration of the result of the election

3 Reference under Constitution s18(2)

4 PARLIAMENT—Elections—Disputed election petition—Form of petition—Compliance with requirements as to form etc. mandatory—Organic Law on National Elections, s208, s209, s210, s217.

5 PARLIAMENT—Elections—Disputed election petition—Practice and procedure on—Amendment of—Statutory time limit for—No amendment outside time limit—Organic Law on National Elections, s2(2), s208(e), Constitution, s126(7)(d), s155(4), s158(2), Sch1.1, Sch1.16.

An election petition disputing the validity of an election addressed to the National Court and filed pursuant to s206 of the Organic Law on National Elections must comply strictly with each and every requirement of s208 of that Law.

On the hearing of an election petition under s206 of the Organic Law on National Elections, the National Court:

(a) may allow an amendment of a petition which does not comply with all or any of the provisions of s208 of the Organic Law on National Elections provided that the application for amendment is made within the period of two months after the declaration of the result of the election in accordance with s176(1)(a) of the Organic Law on National Elections.

(b) shall not allow and does not have power to allow an amendment of a petition after the period of two months after the declaration of the result of the election in accordance with s176(1)(a) of the Organic Law on National Elections.

Avia Aihi v The State (No 1) [1981] PNGLR 81, Clark v Lowley (1883) 48 LT 762, Crafter v Webster (1979) 23 SASR 61, Cremer v Lowles [1896] 1 QB 504, Ithaca Election Petition; Webb v Hanlon [1939] QSR 90, Re Manus Provincial Parliamentary Election: Arnold Marsipal v Michael Pondros [1977] PNGLR 354, Mapun Papol v Antony Temo and The Electoral Commission [1981] PNGLR 178, Maude v Lowley (1874) LR 9 CP 165, Norwich v Election Petition, Re; Birbeck v Bullard (1886) 2 TLR 273; LT Jo 253, Re Pomio Open Elections (Unreported National Court judgment dated 18 October 1977), Re St Paul Provincial Election (1913) 25 WLR 377 (Winnipeg LR), Senanayake v Navaratne [1954] AC 640, Shaw v Reckitt [1893] 2 QB 59 and Tessier v Lessard (1914) 29 WLR 646 (Winnipeg LR) referred to

Reference.

This was a reference to the Supreme Court, pursuant to s18(2) of the Constitution, by the National Court of two questions of law set out in the judgment hereunder, which arose on the hearing of a disputed election petition.

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By the Court: This is a reference to the Supreme Court pursuant to s18(2) of the Constitution by the National Court upon the hearing of a disputed election petition under s206 of the Organic Law on National Elections (also hereinafter referred to as the Organic Law).

The two questions so referred are as follows:

Question (1):

To what extent must an electoral petition disputing the validity of an election addressed to the National Court and filed pursuant to the Organic Law on National Elections comply with s208 of that law.

Question (2):

To what extent or in what circumstances may the National Court...