Wednesday, September 12, 2012

Poll court cases

Source: Post Courier, September 12, 2012
Election petition cases registered at the National Court has gone up to a total of 101 cases as of this week.
It has also been rated as the highest of past records of election petition cases according to court officials.
Despite that, the court is expected to deal with the cases promptly and parties were told to adhere to election petition rules when pursuing their cases. But before the formal directions hearing, several urgent cases have been brought up by petitioners seeking extension of time to serve the petitions to respective respondents in the petitions.
According to national court rules on election petition, petitioners are required to file and serve their petitions to the respondents within 14 days after filing the matter in the National Court Registry. Yesterday, two petitioners, former acting judge Nemo Yalo challenging James Lagea’s win in the Kagua-Erave seat of Southern Highlands Province and Kei Kapa challenging Sir Puka Temu’s win in the Abau seat of the Central Province filed urgent applications, seeking extension of time to serve their petition to the respective parties they named as respondents in their petitions.
They appeared before Election Petition administrator Justice Collin Makail and presented their grounds for the court to grant more time for them to properly file and serve their petitions to their respective respondents. Justice Makail after hearing the submissions extended a further 14 days each for both petitioners to serve their petition to their respective respondents.
Mr Nemo is expected to serve the petition to two respondents, Kagua-Erave Returning officer Albert Wens and Mr Lagea while petitioner Kapa is expected to further enquire with the electoral commission office and serve his petition to Dr Temu after obtaining the residential address of the Abau MP through the electoral commission office.

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