Gamato: No by-election for Samarai-Murua seat

 ELECTORAL Commissioner Patilias Gamato says there will be no by-election for the vacant Samarai-Murua Open seat in Milne Bay.

 “After considering relevant factors, I am of the strong view that it is not practicable to conduct a by-election for Samarai-Murua given the time frame and financial considerations,” Gamato said.

“Therefore, I’ve made the decision that the vacancy remains until the issue of writs for the 2017 national election.”

He advised candidates to instead prepare to contest the 2017 general election.

MP Gordon Wesley, who won the seat in the 2012 general election, lost it after the Supreme Court dismissed his judicial review application and upheld the National Court decision to dismiss him from Parliament on allegations of bribing voters in 2012. The election petition was filed by the runner-up Isi Henry Leonard.

“I have taken note that in view of the National Court decision, the Supreme Court did not make an order for a by-election but only nullified the election of Samarai-Murua MP Gordon Wesley,” Gamato said.

“Furthermore, the relief of by-election was not sought by the petitioner Isi Henry Leonard.”

Gamato however, pointed out that Section 106 of the Constitution on by-elections provided that if there was a vacancy in the office of an elected Member of Parliament, then the Electoral Commission has a mandatory duty to conduct a by-election.