Legality of Sunday polling before High Court
Port Moresby: Court papers was served in the Post-Courier daily newspaper last Friday for candidates named in court in the matter relating to polling on Sunday in the Ialibu-Pangia seat.
On Monday, the Supreme Court granted leave for the substitute service to be made. Stanley Liria, who was in the race for the Ialibu-Pangia seat in Southern Highlands Province, through his lawyer, filed an application before the Supreme Court on July 17 asking the court to decide if voting on Sunday breached the Constitution.
The application also asked for a combined interpretation of section 50 and section 55 linked to section 130 of the Organic Law of National and Local Level Government Elections.
Mr Liria had argued that Sunday voting was prohibited in section 130 of the Organic Law on National and Local-Level Government Election which says polling must take place on days other than Sunday or a public holiday.
When the case returned for hearing on Monday, Liria’s lawyer, Queens Counsel Greg Egan, requested Justice Stephen Kassman for a substitute service due to the volatile situation in the Highlands region, and the court papers would not be served directly to parties that are named in this case.
The interveners in this case are the State, Electoral Commission, the MPelect Peter O’Neill and other candidates. Justice Stephen Kassman ordered for a week for candidates named in the court to file and confirmed their papers by August 11.
On August 14, the case returns for hearing on whether Mr Liria had legal standing to bring forth the case to the court. Post Courier