9 failure. It is our opinion that the questions as framed do not so much focus on the power and discretion that s 97 provides to declare failure of election, as asking the Court to prescribe and even circumscribe the circumstances in which that power may be exercised. We do not consider that an appropriate course for the Court to take. Although such a determination could and may in future be the subject of a National Court petition or review, it is not for this Court to set the circumstances in which the Electoral Commission can or cannot determine that an election has failed. Such would be to intrude upon a power given solely to the Electoral Commission. It would also tend to put limits on the openness of the section." (Our Emphasis) For these reasons the Court declined to answer the relevant questions. We consider that these two cases accurately set out the proper approach in law in respect of the jurisdiction of the National Court in election mattes. In respect of polling schedules, the relevant provisions we have set out earlier gives the discretion to extend polling schedules to the Electoral Commission. These provisions do not give any jurisdiction to the National Court. Sections 4 and 206 of the Organic Law are relevant in considering the jurisdiction of the National Court: "4. Reference of certain questions to National Court Any question as to whether a person has been validly elected as a member of the Parliament or whether the seat of a member has become vacant shall be determined by the National Court." "206 Method of disputing returns The validity of an election or return may be disputed by petition addressed to the National Court and not otherwise." Clearly, where a question of the validity of an election arises, the Organic Law gives the National Court power to determine this. Such a matter can come before the National Court by petition and not otherwise. Section 215 of the Organic Law sets out the grounds upon which an election may be invalidated. It is not necessary for the present purposes to exhaustively list all the grounds. Under this provision, tampering of ballot boxes is an illegal practice and an election may be invalidated on this ground. Where this is alleged, the appropriate way to invalidate such an election is by way of petition under s 206 of the Organic Law. That is what happened in Thomas Negints v The Electoral Commissioner (supra). In that case, Woods J made reference to an earlier case Malapu v The Electoral Commissioner [1987] PNGLR 128 (Kapi DCJ). That case also involved destruction of ballot boxes before the counting of votes. Woods J in making reference to this case held: "In the Malapu Case referred to above on the facts it appeared that the damage