Tuiteci Files Judicial Review Applications
Aformer SODELPA provisional candidate for the 2022 General Election has filed an application seeking leave for a Judicial Review.
Seremaia Tui also known as Seremaia Tuiteci filed the application for a review against the Supervisor of Elections and the chairman of Electoral Commission for rejecting his provisional candidacy nomination dated November 11, 2022, whereby the Supervisor of Elections and chairman of the Electoral Commission dismissed his nomination.
Mr Tuiteci seeks in his application a declaration and injunction stating that the decision of the Supervisor of Elections in rejecting this provisional candidacy nomination was irrational, unreasonable and made in bad faith on the grounds that:
The decision of the Supervisor of Elections was unreasonable and irrational due to the failure of not considering that Mr Tuiteci was acquitted of all charges made against him.
That Mr Tuiteci complied with Section 23 of the Electoral Act but the Supervisor of Elections was acting in bad faith in not registering Mr Tuiteci. mission was also in bad faith in
He was acquitted to all the charges laid against him and had lawfully complied with provisions of Section 23 of the Electoral Act. He is seeking a declaration that the order or decisions made by the Supervisor of Election and the Electoral Commission is wrong, unreasonable, and irrational and in bad faith in not considering the acquittal of Mr Tuiteci in all the charges made against him and in considering irrelevant factors in making decisions on him. Mr Tuiteci appeared before Judge Justice Yohan Liyanage yesterday self-represented while the Supervisor of Elections and the Electoral Commission was represented by the AG’s Chambers.
Strike out application
The AG’s Chambers filed a strike out application and the counsel stated that under the Order 18 Rule 18 of the High Court Rules, the application for leave for judicial review was an abuse of process, no reasonable cause of action, and frivolous.
The counsel said the State was relying on Section 31 (1) and (6) of the Electoral Act 2014 and that the Electoral Commission had the discretion to reject any appeal. The counsel said the Sections spoke for themselves and were very clear and that the proceedings before the court were now mooted given that the General Elections was over.
The counsel said Mr Tuiteci was given due process which had been followed.
Mr Tuiteci told the court that it was beyond dispute that the Electoral Commission acted on false presumption.
He said his birth certificate stated his correct name as Seremaia Tui and he had applied for his candidacy using his correct birth certificate name.
He said the Electoral Commission and the Supervisor of Elections acted unlawfully in rejecting his candidacy last year and urged the court to grant leave for judicial review.
He also highlighted to the Court that the current Attorney-General had contacted him over the phone in February and asked him to withdraw the case as it was post six weeks of Elections.
Mr Tuiteci told the court that he responded to the A-G that he would not be withdrawing his case as he wished to clear his name for the next General Election and that it was contempt of court for the A-G to say that. Justice Liyanage said he would go through with the application and responses and would stick to the decision making as he was supposed to.
The matter will be called for ruling on the strike out application on July 11.