SC710
PAPUA NEW GUINEA
[IN THE SUPREME COURT OF JUSTICE AT WAIGANI]
SCA 45 of 2003
BETWEEN:
THE ELECTORAL COMMISSION
First Appellant
AND:
KALA RAWALI – Imbongu Open Electorate Returning Officer
Second Appellant
AND:
ABRAHAM WARI - Provincial Election Manager
Third Appellant
AND:
TIMOTHY TALA
Fourth Appellant
AND:
PILA NININGI
Respondent
Waigani:
Kapi DCJ., Salika J., Gavara-Nanu J.
11th & 20th June 2003
PARLIAMENT – Supplementary Elections – Extension of the polling schedule – The
power of the Electoral Commission – Whether the National Court has any power to
intervene during process of an election – Organic Law on National and Local Level
Government Elections, ss 115, 117, 177, 206 considered.
CONSTITUTION - Whether s 155(4) of the Constitution is applicable to extend polling
schedules considered.
Cases cited:
Application by Imoning [1992] PNGLR 119
Negints v. The Electoral Commission (supra)
Avia Aihi v. The State [1981] PNGLR 81
Thomas Negints v. The Electoral Commission (Unreported Judgement of the National Court
dated 24th June 1992, N1072).