Previous 6 / 12 Next

6 (2) Subject to any directions given by the Electoral Commission, the Returning Officer may, where it becomes impracticable to adhere to a polling schedule, vary the schedule, in which case the provisions of Section 114 shall, as far as practicable, be observed in relation to the variation. (3) Subject to any directions given by the Returning Officer, a presiding officer may where in his opinion it is necessary or desirable in order to meet an unforeseen contingency of emergency and it is impracticable for the Returning Officer to vary the polling Schedule under Subjection (2), depart from the polling Schedule in relation to a polling place, and shall advise the Returning Officer of the departure and of the reasons for it as soon as practicable. (4) Where the presiding officer departs from the polling Schedule in relation to a polling place, he shall take such action as is practicable to ensure adequate publicity for that departure at the polling place and amongst the electors likely to vote at it. 116 Appeal (1) An elector may, not less that 14 days before the commencement of the polling period for an electorate, appeal to the Electoral Commission for an order varying a polling Schedule on the ground that it does not five to all electors in the electorate or in a part of the electorate a reasonable opportunity for voting in the election. (2) Notwithstanding an appeal under Subsection (1), but subject to Section 115, a polling Schedule remains valid and in force until varied by order of the Electoral Commission under Subjection (1). (3) In making an order under Subjection (1) the Electoral Commission shall give such directions s it considers desirable and practicable to ensure adequate publicity for the order. 117 Election not open to challenge An election shall not be challenged on the ground of failure to observe a polling Schedule or to comply with the provisions of Section 114, or of a variation or a departure from a polling schedule." Section 177 is also relevant and provides: "177 Extension of time (1) Subject to Subsection (2) and (3), within one month before or at any time during the polling period for an election, the Head of State, acting with, and in accordance with, the advice of the Electoral Commission may, where he is of the opinion that it is necessary to do so, provide for – (a) extending the time – (i) for holding the election; or

Select target paragraph3

● ● ●

Electoral Commission v. Rawali

Judgment

Question Presented: Whether the postponement of the polling day due to inclement weather violated sec. 97, 115, 117, and 206 of Organic Law.

Alleged Acts: The Head of State declared the election in six Southern Highland Electorates failed under section 97 of the Constitution. New nominations were to commence on April 11, 2003 with polling on May 3, 2003. The respondent in this case was a candidate for the Imbongu Open Electorate where the polling was intended to take place on May 7, 2003. However, due to weather the polling took place the following day. On May 10th the scrutiny commenced and on the 11th the respondent filed a summons seeking an extension of voting for one day.

Procedural history: The National Court heard the summons and extending voting for one day in the six polling places. That polling day was to commence within seven days of the final order. Although the polling took place on May 17, 2003, the Returning Officer did not make a declaration due to advice from the Acting Electoral Commissioner regarding the status of an ongoing appeal. After the appeal was discontinued, the Returning Officer declared a winner. On May 23, 2003 the Electoral Commission filed this appeal of the case.

Summary: The court relied on precedent that stated when express authority is given to the Election Commission and its officials through the electoral code, the court should not interfere outside of that power. Further, the right to extend polling schedules is plainly given to the Election Commission authorities, but the courts may intervene to determine the validity of elections.

Conclusion: The court determined that the lower court erred in granting an extension in polling because the power was explicitly granted to the Election Commission. Thus, the court ordered reversal of the National Court’s judgement and directed the Electoral Commission to complete the election process under the Organic Law.

Legal Issue(s)

EMB Independence
EMB Operation
Judicial Independence

Applicable Law(s): Organic Law sec. 97, 115, 117, & 206.

Region: Asia-Pacific

Country: Papua New Guinea

Language of Decision

English

Court: Supreme Court

Election Type: Review of law

Date of decision: Jun 20, 2003

Geolocation

Latitude: -9.347049291

Longitude: 147.5888182

: Geolocation

Primary Documents

Electoral Commission v. Rawali.pdf
English
Download View

Election Judgments - IFES

Select target paragraph3

Electoral Commission v. Rawali

Primary Documents

Notifications