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decision, resigned his position as Managing Director of the Forestry
Development Authority. This Court’s Opinion in the Polson case was handed
down on March 3, 2017. It was less than a week thereafter, on March 9,
2017, that Mr. Harrison S. Karnwea, in compliance with and adherence to the
declaration of constitutionality of the Code, tendered in his resignation,
thereby manifesting and demonstrating every intention and thereby being in
substantial and appreciable compliance with the dictate of the Code, as per
the Opinion of this Court.
Thus, while we hold that the conduct of Co-appellant Harrison S.
Karnwea in not resigning two years prior to the date of the ensuing October
2017 Presidential and General Elections was in violation of the Code of
Conduct, we do not believe, from our review of the records certified to this
Court, that his action was of an egregious nature that warranted disbarment
from contesting the position for which he had applied for certification from
the National Elections Commission. We therefore, consistent with what we
have said herein, reverse the decision of the Respondent National Elections
Commission barring Mr. Harrison S. Karnwea, Sr. from contesting the position
of vice president in the ensuing October 2017 Elections.
However, as this Court cannot take evidence to determine the penalty
which should be imposed on Mr. Karnwea for his violation of the Code, short
of disbarment, and within the range stated by the Code, we remand the case
with instruction that the National Elections Commission conducts a hearing,
consistent with due process of law, and then impose the appropriate penalty,
within the range stipulated by the Code and consistent with this Court’s
Opinion. We hold further that any Notice of Rejection of a political aspirant
seeking certification to contest an elective public office be signed by all
members of the Board of Commissioners who are in agreement with the
decision, and that all members of the Board of Commissioners who signed
unto the decision must also sign the bill of exceptions.
Accordingly, because we have decided, from our review of the records,
that the violation of the Code committed by Co-appellant Harrison S.
Karnwea, Sr. was not of an egregious magnitude as to warrant rejection of his
application or being barred or disqualified from contesting the position
stated in the application, we direct that the case be remanded to the National