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AN embarrassed Don Polye reiterated last night that he is seeking a by-election to regain his Kandep seat.
Mr Polye said this several hours after being informed by The National that his lawyers, through Paulus Dowa, had filed a Supreme Court challenge against his removal although he had publicly announced that he was seeking re-election in a by-election.
The ousted MP and National Alliance party leader of the Highlands region, told The National that there had been an oversight by his lawyers who yesterday filed for a review of the National Court ruling which had declared his 2007 national election null and void.
“There is a misunderstanding and miscommunication between myself and my lawyers whom I had instructed earlier to file for review and as today will be the last day of the required 14-day maximum deadline for reviews, or related matters, to be filed,” he said.
Mr Polye said he would give his lawyers written instructions today to immediately withdraw the court matter. Lawyer Mr Dowa had filed an application for more time to seek a judicial review of the National Court’s decision to nullify Mr Polye’s 2007 election victory.
Mr Dowa said that his firm had sought an extension of the appeal period in case Mr Polye decided to change his mind about a by-election, as per earlier instruction from the leader.
However, Mr Polye clarified last night that there had been a misunderstanding and miscommunication between his lawyers and himself.
He said he had earlier instructed them to file for review but on Tuesday, he decided to contest the by-election to prove that his victory in the 2007 general election was genuine.
He claimed he did not realise his lawyers would instead go ahead with the application to seek an extension to appeal.
“I verbally told them I would give them written instructions to withdraw the court matter.”
The by-election has been fixed for Nov 7 to 13.
The writs will be issued on Sept 10 and closed on Sept 16.
Mr Polye’s election was cancelled out by a National Court in Waigani on Aug 14 when the judge said it was hard to believe some of the polling stations could return 100% votes for a candidate.