Justices Allen David, Jacinta Murray and Frazer Pitpit in a unanimous decision upheld the two separate Supreme Court Election Petition Reviews that were filed by Don Polye and Alfred Luke Manase.
The three-judge Supreme Court bench quashed order 1 of the National Court Election Petition that set aside Polye’s election as member elect for Kandep.
The Supreme Court also ordered the Electoral Commission to conduct a re-count of the ballot papers within the next 30 days.
This order varies the previous order of the National Court on May 2 that ordered for only those 5 disputed ballot boxes to be counted.
The boxes are from the areas of Lungutenges No.1, Kombros No.1, Kambia No. 1, Maru and Imipaka.
The Electoral Commission is required to re-count all the ballot boxes within the next 30 days and submit the results to the National Court.
Polye will remain as member elect for Kandep pending the outcome of the recount.
The High Court also found that the setting aside of Polye’s election as member elect for Kandep was pre-mature and that the trial judge erred by issuing that order.
This was due to the fact that the use of the Limited Preferential Voting (LPV) system is currently being used in general elections.
It was in the best opinion of the High Court to order a re-count.