THE Waigani National Court will rule tomorrow on a motion filed by Kundapen Talyanga to put aside an earlier court order which restrained him from taking office as Enga administrator pending the substantive proceedings.
Mr Talyanga was appointed by the National Executive Council (NEC) on July 20 as Enga administrator but his appointment was challenged by Enga Governor Peter Ipatas and deputy administrator Dr Samson Amean on the basis that proper procedures were not followed in the decision making process.
After going through the submissions, the court granted leave on July 28 after sufficient grounds were raised by Mr Ipatas and Dr Amean on their submissions to argue on the matter.
Other orders were also made for Mr Talyanga to be restrained from taking office until the matter was fully heard.
On Tuesday, Mr Talyanga filed a motion to put aside those orders and made his submissions through his counsel Charles Mande.
Mr Mande submitted that the plaintiffs, Mr Ipatas and Dr Amean, did not came to court with “clean hands”, adding that the duo had orchestrated long delay in the appointment of a permanent administrator of the province after Dr Amean’s term had lapsed in 2007.
The plaintiff’s counsel Davis Steven argued that Mr Talyanga had in fact came to court with unclean hands by breaching court orders when he wrote to the human resource division of the Enga provincial government to be put on the payroll.
He added that wrong principles of laws where also applied in Mr Talyanga’s motion and, therefore, the motion be quashed entirely and the interim injunctions remain.
Justice Bernard Sakora adjourned the matter to tomorrow for a ruling on the motion.