An election petition is the only way to challenge an election result. Section 206 of the Organic Law on National and Local-level Government Elections is emphatic.
Section 206
The validity of an election or return may be disputed by petition addressed to the National Court and not otherwise.
And by section 207, the jurisdiction of the National Court in relation to any matter under this Part may be exercised by a single Judge.
The Election Petition Rules 2017 were made under Constitution section 184, section 212(2) of the Organic Law, and section 8 of the National Court Act (Chapter 38). They came into force on 1 July 2017 and repealed the Election Petition Rules 2002.
They have since been amended by the Election Petition (Miscellaneous Amendments) Rules 2022, which replaced Rules 17 and 22.
Rules 4 and 5
Rule 4 — the petition shall be in accordance with Form 1.
Rule 5 — a petition shall be filed together with the official receipt or stamped bank deposit slip evidence of payment of the filing fee and of the security deposit.
A — that the petitioner petitions the National Court against the election or return of the first respondent as successful candidate for the named electorate.
B — the facts relied on to invalidate the return, set out in numbered paragraphs.
C — the grounds upon which the petitioner relies, in numbered paragraphs.
D — the relief to which the petitioner claims to be entitled, in numbered paragraphs.
Then the petitioner’s signature, the date and place of signing, and the attestation of two witnesses. See what a petition must contain.
Section 208(e) and Schedule 1
Section 208(e) requires the petition to be filed in the Registry of the National Court at Port Moresby or at the court house in any Provincial headquarters within the time limit.
Rule 1 defines “filed” as lodged in a registry of the National Court at Waigani or at a registry or sub-registry of the National Court in a province, as set out in Schedule 1, and sealed with the seal of the Court and endorsed with an election petition number.
Alotau, Buka, Daru, Goroka, Kainantu, Kavieng, Kerema, Kimbe, Kokopo, Kundiawa, Lae, Lorengau, Madang, Mendi, Minj, Mount Hagen, Popondetta, Tari, Vanimo, Wabag, Waigani (Central Province), Waigani (National Capital District) and Wewak.
Note the definition of “filed”: lodging is not enough. The document must be sealed and endorsed with an election petition number. That is what fixes the date from which the service and directions periods run.
Rules 6 and 7
| Filing fee — r 6 | Security deposit — r 7, s 209 | |
|---|---|---|
| Amount | K1,000.00 | K5,000.00 |
| Paid where | At a provincial finance office; or, where circumstances do not permit, by bank cheque at a registry or into the National Court Registrar’s Trust Account | In cash or by bank cheque into the National Court Registrar’s Trust Account |
| Proof | Official receipt filed with the petition | Evidence of the deposit filed with the petition |
Proceedings shall not be heard on a petition unless the requirements of Sections 208 and 209 are complied with.
Section 209 is the K5,000 deposit; section 208 sets out the requisites of the petition. Failure on either is fatal to the hearing of the petition — which is why objections to competency so often turn on these two sections. See the security deposit.
Rule 3
A petition filed pursuant to section 206 shall —
(a) state the name of the successful candidate as the first respondent;
(b) specify the Electoral Commission as the second respondent; and
(c) name no other respondent except with leave of the Court.
Section 211: the Electoral Commission may, by leave of the National Court, enter an appearance in any proceedings in which the validity of an election or return is disputed, and be represented and heard — and in that case shall be deemed to be a party respondent to the petition.
Under Rule 3(b) the Commission is a respondent in every petition in any event.
Rule 2
There shall be an Election Petitions List maintained by the Registrar, containing the reference numbers, names and status of election petitions and related proceedings.
The Chief Justice may appoint a Judge to be Judge Administrator of the Election Petition Track and may from time to time appoint any Judge to deal with matters on the List.
The Registrar appoints a senior officer in charge of registry matters concerning the List, and such other staff as are necessary.
Filing starts several clocks at once: the petition must be served within 14 days, an affidavit of service filed within ten days after service, and a directions hearing takes place within 28 days after the date of filing.
Under section 221, the Registrar shall promptly after the filing of a petition forward to the Clerk of the Parliament a copy of the petition.
Sources
- Organic Law on National and Local-level Government Elections — ss 206–211, 221
- Election Petition Rules 2017 — rr 1–9, 13; Schs 1 and 2 (Form 1)
- National Court Act (Chapter 38) — s 8
- Constitution — s 184
PacLII carries the Election Petition Rules 2017 and the Organic Law as PDFs at the pages linked above.
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.