​Is polling on Sunday constitutional?

The Supreme Court at Waigani will hear a reference next week, questioning the legality of polling conducted on Sunday.

Lawyer and a candidate contesting the Ialibu-Pangia seat, Stanley Kuli Liria, filed an urgent application in the Supreme Court, seeking its interpretation on whether polling on Sunday was constitutional.

The matter briefly came for mention at 5pm on Tuesday and was adjourned to Monday, July 17.

The high court has been asked to interpret section 130 of the Organic Law on National and Local Level Government elections.

Liria, who is contesting the seat occupied by Prime Minister Peter O’Neill, filed the application after polling for the Ialibu-Pangia seat was held on Sunday, July 2, after it was deferred from Friday, June 30.

Meanwhile, another candidate who is also contesting the same seat, Justus Nambi Rapula, has filed an Election Petition proceeding in the National Court.

The matter came before Justice Collin Makail on Wednesday afternoon but he adjourned the case to next week Tuesday.

This is to allow for the Supreme Court reference to be heard first.

Rapula filed the application against Returning Officer Michael Ariando, Electoral Commissioner Patilias Gamato and the state.

His lawyer told the court they are seeking interim injunctive orders to stop counting of ballot papers that were cast on Sunday.

Author: 
Sally Pokiton