N7352

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

EP. NO. 47 OF 2017
IN THE MATTER OF THE ORGANIC LAW ON NATIONAL AND LOCAL LEVEL GOVERNMENT ELECTIONS (AMENDED) LAW 2006
AND
IN THE MATTER OF A DISPUTED RETURN OF ELECTION RESULT FOR THE SOHE OPEN ELECTORATE IN THE 2017 NATIONAL GENERAL ELECTIONS

BETWEEN:
DELILAH PUEKA GORE
Petitioner

AND:
HENRY JONS AMULI
First Respondent

AND:
THE ELECTORAL COMMISSION OF PAPUA NEW GUINEA
Second Respondent

Waigani: Geita J.
12 June 2018

PRACTICE AND PROCEDURE – Successful Election Petition – Recount Ordered - Section 212 (1) (d) Organic Law on National and Local Level Government Elections. (OLNLLGE).
PRACTICE AND PROCEDURE – Returning Officer’s Report formally received by the National Court Registrar - Judicial Recount Report formally presented to Court by the National Court Registrar. 
PRACTICE AND PROCEDURE - Judicial Declaration – First Respondent to retain his seat as the member for Sohe Open Electorate - Section 212 (3) Organic Law on National and Local Level Government Elections (OLNLLGE). 
PRACTICE AND PROCEDURE – Copy of Judicial Recount Declaration to be promptly sent to The Clerk of Parliament -   Section 221 Organic law on National and Local Level Government Elections (OLNLLGE). 
Facts

The results of the Judicial Recount Declarations was scheduled to be made in Oro Province on 11 June 2018 however that date fell on this year’s gazetted public holiday, Queens Birthday holiday. The declaration has now been moved to Waigani, today due to administrative and parties’ convenience and this I do so now. 

Cases Cited: 
None 
Counsel 
Desmond Kipa, for the Petitioner 
Brendan Lai, for the First Respondent
Joppo Simbala, for the Second Respondent 

JUDICIAL DECLARATION ON ELECTION PETITION

12 June, 2018

1.	GEITA J:	This is the court’s ruling on a Judicial Declaration following a successful petition filed by the Petitioner Delilah Pueka Gore, a candidate in the 2017 General Elections for Sohe Open Electorate Seat after the said seat was won by the First Respondent, Henry Jons Amuli and was declared as Member for Sohe Open Electorate. The First Respondent polled a total of 7713 votes and the Petitioner a total of 7524, with a losing margin of 189 votes. 

2.	On 21 February 2017 this court, in the exercise of its powers under Section 212 (1) (d) OLNLLGE ordered that a recount of all ballot papers in the Sohe Open Electorate be conducted as soon as practicable viz: 

(1)	 The recount will be carried out in Popondetta as the electoral documents are still kept under lock and key at Popondetta Police Station.

(2)	The recount shall commence on Monday, 21st May 2018 at 8.30 am at the direction of Mr. Patalius Gamato ML the Electoral Commissioner or his delegated Officer who shall be present to oversee the recount. 

(3)	The recount shall be conducted under the supervision of the Registrar of the National Court Mr. Ian Augerea. 

(4)	All those electoral officials who took part in the scrutiny of Sohe Open Electorate Elections in 2017 are precluded from the precincts of the recount centre unless called to verify signatures and other electoral documents. For the avoidance of doubt the precluded officer include the former Returning Officer, former Assistant Returning Officers and all counting officials who took part.)  

(5)	The result of the recount shall not be announced to the public until it is confirmed by the Electoral Commissioner or his nominee and Mr.  Augerea and communicated to the Court immediately after the completion of the recount and the Court has deliberated on the result. 

(6)All parties and their Counsel including the Electoral Commission officials charged with conducting the recount and the Registrar must be present in the National Court at Popondetta on 11 June 2018 at 9.30 am.

(7) The First Respondent shall remain in Office until the recount official results are returned to the Court.

3.	Accordingly the Court orders have been complied with and the results duly presented to this Court by the Registrar Mr. Ian Augerea on 8th June 2018. I must add here that a very detailed and comprehensive account of the Judicial Recount including all those officers who participated were duly recorded in Mr. Simon Soheke’s report entitled “Returning Officer’s Report” and transmitted to the National Court Registrar. For purposes of completeness the final documents received by Court include:
1.	Returning Officer’s Report dated 4th June 2018,
2.	Elimination Report- (Primary/Quality Check/Exclusion Count-Returning Officer’s File,
3.	Forms 66 B & Form 66 A & B.

4.	Besides minor discrepancies detected in the area of its ruling on informal ballot papers which resulted in slight variations in the 2017 and 2018 Judicial recount results the outcome was minimal and any variations in findings either increased or decreased the final outcome. A notable observation contained in all the Electoral Officials’ Report and attachments was the full compliance and observance of due process and attention to details in all its documents, which is highly commended. That is the best practice that ought to be followed in future elections.
5.	For the moment we are concerned with the outcome of the judicial recount and I shall only tabulate the pertinent parts leading up to the final result as presented to me. At elimination 39 of Peter Atu Oresi, his 4060 votes were redistributed amongst the remaining candidates as follows:
Candidate	Previous Total	Distributed	New Total	
Paulinias Uhena	5968	646	6614	
Delilah P Gore	7006	238	7244	
Henry Jons Amuli	6606	499	7105	
Exhausted	13918	2677	16595	
Allowed Votes	37558	4060	37558	

6.	At elimination 40 of Paulinias Uhena, his 6614 votes were distributed amongst the Petitioner and the First Respondent as follows:
 Candidate	Previous Total	Distributed	New Total	%	
Delilah P Gore	7244	234	7478	49.39%	
Henry Jons Amuli	7105	559	7664	50.61%	
Exhausted	16595	5821	22416		
Allowed Votes	37558	6614	37558		
Absolute Majority			7572		
 
7.	Having satisfied myself that the judicial ordered recount was conducted with due diligence and properly authenticated by all officers concerned tasked to carry out the court order I now accept into court the results of the judicial recount tabulated above as follows:  Petitioner Delilah Pueka Gore polled 7478 votes; Respondent Hon. Henry Jons Amuli polled 7664, a difference of 186 votes. With the new absolute majority of 7572 or 50.61% of  allowable ballot papers I now make the following judicial declarations pursuant to the powers given to this Court under s. 212  (3) & s. 221 Organic Law on National and Local Level Government Elections (OLNLLGE). - 
1)	Declare that the First Respondent Henry Jons Amuli shall retain his seat as the member for Sohe Open Electorate pursuant to the Judicial Recount, who was returned as elected in the 2017 National General Elections; and 
2)	Award costs to the First Respondent.
3)	The Registrar of the National Court shall promptly forward to the Clerk of the Parliament a copy of this order of the Court.
4)	The Petitioner’s cost of the petition being upheld in that proceedings to be paid by the second respondent.

Orders accordingly.

Twivey Lawyers: Lawyer for the Petitioner 
B.S.Lai Lawyers: Lawyer for the First Respondent
Harvey Nii Lawyers: Lawyer for the Second Respondent