Justice David Cannings made the ruling at 9:30 this morning after returning officer, Reverend Tom Sine failed to bring the completed report.
The Electoral Commission through its lawyer had submitted to adjourn the case as the returning officer was sick and not present in court.
Justice Cannings said the Electoral Commission failed to return the results to the National Court on three occasions and will not grant the application. He said it was a serious matter.
Returning officer Reverend Sine, who was ordered by the court to appear after a short adjournment said he handed the report to the Acting Electoral Commissioner yesterday as a matter of protocol.
Petitioner, Don Polye through his lawyer argued that the recount of the votes concluded on the 19th of March 2021 and do not see why it took 18 days for the returning officer to complete the report.
Outside the court room, Alfred Manase said his lawyer will file an application this afternoon to challenge the election results.