Kua queries EC’s power on declarations

THE Electoral Commission has no power to declare the winners for the various electorates, Sinasina Yongomugl MP Kerenga Kua says.
He said that task should be carried out by the returning officer.
The National Party leader said this was provided for under Section 168(1) of the Organic Law on National and Local-Level Government Elections.
“He (returning officer) is responsible for ascertaining what preferential votes are given to each candidate which determines the winner who is regarded as elected,” he said in a statement in response to a recent announcement by Electoral Commissioner Patilias Gamato.
“This means that firstly, the returning officer is the responsible officer for the purposes of both counting and identifying the ‘elected’ member, and secondly, the pronouncement of the end result must be as soon as the result is ascertained by the returning officer.
“Thirdly, the pronouncement of the elected member must be within the locality where the counting is done so that there is no delay.”
Kua said the Organic Law did not use the word “declaration” and also prescribed no other procedure for the pronouncement of the “elected” member other than what was said.
“It is wrong in law for the electoral commissioner to assume that he has the power to declare a winner, to delay the declaration, or to take the results away from the locality.”