A single-man Supreme Court bench dismissed the application by Waranaka, who sought leave to review an interlocutory decision and exercise of discretion of the National Court to allow the affidavits and competency applications of Maru and the Electoral Commission to go through.
The election petition before Justice Collin Makail is ready to go for trial in Wewak starting August 2018 and ending in September.
However, Waranaka filed an application to dismiss the affidavits and objections to competencies as being filed within time but served out of time.
This was then dismissed by the National Court.
Waranaka then filed the leave application at the Supreme Court, which was heard on January 17.
On Friday, Justice Derek Hartshorn ruled that the interlocutory decisions in election petition cases are not appealable or reviewable at the Supreme Court and that only the final decision can be reviewed at the Supreme Court.
Based on that, the Supreme Court dismissed the application filed by Waranaka and he was ordered to pay the costs.
The decision allows Minister Maru and his legal team to file an objection to competency submission together with the Electoral Commission with a view to having the petition dismissed.