JUDICIARY DEPARTMENT
REPUBLIC OF NAURU

IN THE SUPREME 
COURT OF NAURU						CIVIL SUIT No. 45/ OF2016

BETWEEN:
TAZIO GIDEON }								Applicant
AND:
ELECTORAL COMMISSION NAURU }					1stRespondent
AND:
SECRETARY FOR JUSTICE & BORDER CONTROL                              2nd Respondent

Before: Chief Justice Joni Madraiwiwi
Date of Hearing: 9 July 2016
Date of Decision: 9 July 2016

APPEARANCES
For the Applicant:
For the First Respondent:
For the Second Respondent: Graham Leung, Secretary for Justice
                                                :  Jay Udit, Solicitor General

ORDER
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The court having heard the Secretary for Justice and the Solicitor General appearing on behalf of the Republic, after being enjoined pursuant to its application to be a defendant to these proceedings, in this ex parte application for the Court to vacate or set aside its orders of 8 July 2016 granting leave for judicial review of the Electoral Commission’s decision rejecting the Plaintiff’s candidacy for the  election of members of Parliament in the Aiwo Constituency, and the interim injunction to stay the elections in in the said constituency ofAiwo,  AND UPON READING the motion, and affidavit in support, of Baron Divavesi Waqa dated 9th July, AND UPON hearing submissions made by Grahan Leung and J Udit  for the 2nd Respondent, IT IS HEREBY ORDERED:
1.	That the interim injuction is accordingly immediately dissolved and the Electoral Commission is directed to expedite the conduct of polling in the Constituency of Aiwo forthwith.
2.	Liberty is reserved to the Applicant to proceed under section 100 of the Electoral Act, if he so chooses.
3.	Costs in the cause.

Dated this 9th day of July, 2016.

Joni Madraiwiwi
Chief Justice