National Court rejects Electoral Commission appeal

THE National Court has rejected an application of dispensation filed by the PNG Electoral Commission (PNGEC) under the Order 5 rules of Supreme Court seeking to dispense with certain rules and to dismiss a judicial review.
The proceedings filed listed PNGEC as the applicant, Francis Potape as first respondent and Hela Governor Philip Undialu as second respondent.
Presiding judge Justice Derek Hartshorn handed down the decision yesterday which ordered that relief sought in the application filed by PNGEC last October was rejected and proceedings dismissed with PNGEC to pay costs.
Justice Hartshorn rejected the application after PNGEC failed to prosecute its review sought last September to prepare its matter for directions hearing and trials.
According to the court’s decision, PNGEC failed to prosecute its review by way of failing to file and serve a draft index for the review application pursuant to mandatory requirement of order 5 rule 20(b) and 25 of the Supreme Court rules.
The court rejected the application on the grounds that the applicant did not satisfy the court to grant dispensation.
The court took into consideration the claims of first respondent that the applicant failed to file and serve a draft index for the review of application pursuant to the mandatory requirement of order 5 rule 20(b) and 25 of the Supreme Court rules.
The applicant failed to have the matter heard in directions hearing within 14 days by failing to appear in court last September resulting in the matter being adjourned generally to the registry.
Potape said this was the main case in his election petition case filed against PNGEC as the first respondent.
He also expressed concerned going back and forth the court, saying it had been unfair on him over the past few months.