Previous 5 / 12 Next

5 The Organic Law is a law enacted in accordance with s 126 of the Constitution. The primary responsibility for conducting elections is given to the Electoral Commission. The question which arose for determination by the National Court relates to the extension of the polling schedule. The undisputed facts in this regard may be summarized briefly. When bad weather affected polling on the scheduled date (7th May 2002), the Electoral Commission rescheduled the polling to 8th May 2003. There is some dispute as to when the polling actually commenced and when the polling closed on the day of polling. It is convenient to set out the relevant provisions of the Organic Law on polling schedules. They may be found in Part XIII, Division 1 of the Organic Law: "PART XIII – THE POLLING Division 1 – Polling Schedule 113 Polling Schedule (1) Subject to any directions given by the Electoral Commission, the Returning Officer shall, as soon as practicable after the close of nominations, prepare a polling Schedule showing the anticipated dates and times, within the polling period for the electorate, during which the polling booths will open at the polling places in the electorate, in such manner as he considers will give all electors in the electorate a reasonable and sufficient opportunity to vote at the election. (2) Nothing in Subsection (1) or in this Law shall be construed to mean that polling shall be conducted on each day throughout the polling period or on any particular day in the polling period. 114 Publication of Polling Schedule (1) The polling schedule shall be published in the National Gazette and in a newspaper circulating in the electorate, and the Returning Officer shall take such other action as he considers necessary or desirable, or as is directed by the Electoral Commission, to ensure adequate publicity for the polling schedule. (2) A copy of the polling Schedule shall be forwarded to each Provincial Government and Local-level Government in the electorate and shall be exhibited at such other places in the electorate as the Returning Officer appoints. (3) A copy of the polling Schedule for an electorate shall be forwarded to each candidate in the electorate. 115 Adherence to Polling Schedule (1) As far as possible, polling booths shall be open in accordance with the polling schedule, and the Returning Officer and presiding officers shall take all such action as is necessary or desirable for that purpose, whether expressly authorized by this Law or not.

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