The recount of Kandep Open Seat is set for tomorrow, Tuesday.
Current Member, Don Polye, attempted to stay the recounting in Court today, but he was unsuccessful.
The three-man Supreme Court Judges that ordered for the recounting of the ballot boxes were not present today to hear the matter.
On September 6, a three-man Supreme Court bench which comprised of Justices Allan David, Frazer Pitpit, and Jacinta Murray, unanimously ordered the Electoral Commissioner, Patilias Gamato, to conduct a recount for the Kandep Open Seat within 30 days.
Following the decision, Polye filed an urgent slip rule application and applied for a stay order.
Justice Stephen Kassman, who sat today as a Single Supreme Court Judge on the matter, was not satisfied with Polye’s Lawyer, who failed to convince the Judge that he had jurisdiction to revisit a full Court judgement.
Only a member of the reviewing bench is able to revisit its judgement, since it is a Supreme Court ruling.
Lawyer representing the Electoral Commissioner told the Court this morning that the election committees have flown to Wabag today, and the recounting will begin tomorrow.
The matter has been adjourned to Wednesday for further notice.