Of all the requirements in Part XVIII of the Organic Law on National and Local-level Government Elections, the time limit is the one that ends most petitions.
Section 208(e)
A petition shall be filed in the Registry of the National Court at Port Moresby or at the court house in any Provincial headquarters within 40 days after the declaration of the result of the election in accordance with Section 175(1)(a).
“Within 40 days” — not two months, not 40 working days. Forty days.
“After the declaration of the result” — the period runs from the declaration, not from the polling, the counting, or the return of the writ. Fix that date precisely and in writing at the outset.
“In accordance with Section 175(1)(a)” — the declaration referred to is the one made under that provision.
Why it cannot be extended
Proceedings shall not be heard on a petition unless the requirements of Sections 208 and 209 are complied with.
Rule 22 of the Election Petition Rules 2017 — as replaced in 2022 — allows the Court to dispense with compliance with any of the requirements of these Rules, and provides that no petition … shall be struck out or dismissed for want or defect of form unless the defect amounts to substantial non-compliance or deliberate abuse.
But subrule (4) is explicit: nothing in this rule excuses a failure to comply with a requirement of the Organic Law — though when determining an allegation of failure to comply with a requirement of the Organic Law, the Court shall pay close regard to the requirements of s 217.
The 40 days is a requirement of the Organic Law, not of the Rules. Rule 22 cannot reach it.
Order 1 Rule 15 of the National Court Rules 1983 extends time fixed by the Rules or by any judgement or order. The 40 days is fixed by an Organic Law, so it is neither.
Compare the position under the Claims By and Against the State Act 1996, where section 5(2)(c) supplies its own extension power. Part XVIII contains no equivalent.
Not just filing
Section 210 requires compliance with the whole of section 208, and paragraph (e) requires the petition — complying with (a) to (d) — to be filed within the 40 days.
So within that period the petition must also set out the facts relied on to invalidate the election or return; specify the relief; be signed by a candidate at the election in dispute or by a person who was qualified to vote at the election; and be attested by two witnesses whose occupations and addresses are stated.
A petition filed on day 39 with only one attesting witness, or without the witnesses’ occupations and addresses, has not met section 208 — and the defect cannot be repaired by amendment after day 40. See what a petition must contain.
Section 209: at the time of filing the petition the petitioner shall deposit with the Registrar of the National Court the sum of K5,000.00 as security for costs.
Section 210 names section 209 alongside section 208. Rule 5 requires the petition to be filed together with evidence of payment. See the security deposit.
Deadlines after filing
| Step | Time | Source |
|---|---|---|
| Serve the petition on the respondents | 14 days after filing, or such further period as the Court determines on application made within those 14 days | r 8(1) |
| File the affidavit of service | 10 days after the date of service | r 9 |
| Respondent files notice to appear in Form 3 | 14 days after service | r 11(1) |
| Objection to competency in Form 4 | 21 days after service, with at least three clear days’ notice of intention to mention it | r 12 |
| Directions hearing | 28 days after the date of filing, or as soon as practicable thereafter | r 13(1) |
| Pre-trial conference | 28 days after the directions hearing, or as soon as practicable | r 14(1) |
| Status conference | At least five days before the trial date | r 15(1) |
| Apply for review of taxation | 7 days after the taxation | r 19(4) |
Rule 8(1) allows the Court to extend the service period — but only upon application made within those 14 days. An application on day 15 is too late.
These are Rules deadlines rather than Organic Law requirements, so Rule 22 relief is available for them in a proper case. The 40 days is different in kind.
Start on the day of the declaration. Obtain and record the declaration date; identify whether the petitioner is a candidate or a person qualified to vote; arrange the two attesting witnesses and their occupations and precise addresses; assemble the facts and grounds; and arrange the K1,000 fee and K5,000 deposit.
Forty days is not long to plead an election challenge properly. Under Rule 18, a petitioner who then fails to comply with a direction risks the petition being dismissed.
Sources
- Organic Law on National and Local-level Government Elections — ss 175(1)(a), 208–210, 217
- Election Petition Rules 2017 — rr 5, 8–15, 18, 19, 22
- National Court Rules 1983 — O 1 r 15
Rule 22 was repealed and replaced by rule 2 of the Election Petition (Miscellaneous Amendments) Rules 2022.
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.