PNG Elections : Court to decide on Hagen Open Returning Officer's Appointment
The National Court in Waigani will make a ruling today on an application filed by the State to dismiss a second judicial review proceeding by the former Returning Officer for Hagen Open electorate, Willie Ropa.
Mr. Ropa's first judicial review proceeding filed on June 14th, 2022 was dismissed by the Court on July 4th, and the current proceeding was filed again on July 8th, through Henao Lawyers.
The judicial review proceedings is in relation to the decision of the Electoral Commissioner made on June 2nd, where Mr. Ropa's appointment as the Returning Officer for the Hagen Open electorate for the 2022 National Election, was revoked and Pius Nop was appointed.
Submissions were made yesterday.
The Plaintiff claims that he was not given a Notice of the purported revocation, including reasons for the revocation, and this is in breach of his right to be heard.
Therefore, after being unsuccessful in his previous judicial review matter, he filed this current proceeding again to challenge the appointment of Mr. Nop.
However, the State is seeking to dismiss the proceeding on the basis that its an abuse of the Court process.
Solicitor-General Tauvasa Tanuvasa submitted that the current proceeding is the same as the previous one, and there is nothing new before the Court.
Among his submissions was that there is no reasonable cause of action disclosed by the plaintiff and the proceeding should be dismissed.
Mr. Tanuvasa further submitted that the appointment of the Returning Officer is only temporary and one cannot question or challenge the Electoral Commissioner who has absolute discretionary power in exercising his duties as per the Organic Law on National and Local Level Government Affairs.
NBC News / PNG Facts
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