Restraining order on EC lifted

The interim order issued by the Supreme Court on April 25th, restraining the Electoral Commission from conducting the LLG election, has been lifted.

A three-man Supreme Court bench discharged the stay order on May 31st.

Electoral Commissioner Patilias Gamato said new dates will be issued soon.

Following the stay order issued by the Supreme Court on April 25, restraining the Electoral Commission from issuing the writs and conducting the LLG elections, the Electoral Commission went to court asking to have the orders set aside.

This application was also supported by the Ume Atzera LLG in Markham, Morobe Province, and the East Sepik Provincial Assembly.

Arguments were presented in court and the three-man Supreme Court bench handed down its decision.

The court granted the Electoral Commission’s application, discharging the stay orders of April 25.

The Ombudsman Commission had filed the Special Supreme Court reference raising constitutional issues on the delay of the conduct of the LLG elections for more than three months after the return of writs for the national elections.

Justice David Cannings, in handing down the decision, said despite the OC raising serious constitutional issues, it will not be prejudiced if the stay is discharged.

Funds had already been allocated to the Electoral Commission to conduct the LLG elections and the writs were issued by Inter-Government Relations Minister Kevin Isifu on the morning of April 25 before the stay order was issued.

The court also said a further delay through the stay would aggravate constitutional violation.

July 26th was the date issued for the return of writs. Justice Cannings said the dates may need to be changed by the minister responsible.

With the writs issued, Electoral Commissioner Patilias Gamato said new dates will be proposed to the new Minister from campaign period. The new dates, when finalised, will be announced this week.

Author: 
Sally Pokiton