An election petition that was filed disputing Kerowagi elected MP, Bari Palma’s election, has been dismissed today by the Waigani National Court.
It was dismissed because the allegations of Palma being insolvent or bankrupt was not made out in the petition.
Petitioner Francis Kikin Siune filed the petition on two grounds. The first was on errors and omission on the part of Electoral officials in accepting the nomination of Palma to stand for public office at the time he was declared bankrupt.
The second ground in the petition is that, after he was declared bankrupt by the National Court and elected as a member, he was not qualified to remain an MP.
Palma was declared insolvent, or bankrupt, by the Waigani National Court on June 1 after failing to pay legal costs from 2012 General Elections.
20 days after that decision, the Supreme Court stayed his status pending the outcome of his appeal and ordered the PNG Electoral Commission to allow him to contest the election.
The issue before the court in the petition was whether by being declared insolvent, Palma was disqualified to remain a member of parliament.
In the petition case, Justice Collin Makail said there was no issue that Palma was qualified to nominate. It was however, after the nomination and only when he was declared insolvent and became a member that his status became an issue.
He said by order of the stay, Palma’s status prior to being declared bankrupt had been restored, which remains until determination of the appeal.
“It would follow that there would be no basis of him disqualified from remaining a member of parliament,” Justice Makail said.
The court dismissed the petition and ordered Siune to pay the cost. The K5,000 security cost will be shared equally between Palma and the Electoral Commission.
Palma thanked his lawyer and supporters outside court for their support and said with the petition out of the way, he can deliver services to his people as the duly-elected member for Kerowagi.
“I’ve been fighting this court for five years since 2012 and now the people of Kerowagi have mandated me and I want to deliver,” Palma said.
