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Polye Ruling Tomorrow

Two Supreme Court decisions, expected tomorrow, could put a halt to the expected recount of ballot papers for the Kandep open seat of the Enga province.

The two separate decisions will be handed down by Justice Allan David, at the Waigani Supreme Court, regarding the recount of the Kandep Open seat.

Today, the Lawyer representing the Kandep MP, Don Polye, made two submissions on a leave application to hear a slip rule application and an application for a stay on the recount.

The lawyer argued that the recount will affect the status of the Kandep Seat.

Polye’s Lawyer asked the Court to grant leave and stay the recount to maintain the status quo and the interest of justice. He said this matter arose from an election petition in 2012 by Polye’s runner-up, Alfred Manase.

Manase alleged that there were errors and omissions in the counting of the ballot boxes, but the National Court had found nothing.

He then asked the National Court to recount the five ballot boxes which were put aside by the Electoral Commission, when Polye reached the absolute majority.  However, when Polye’s lawyers appealed to the Supreme Court for the three-man bench to hear the matter, the bench ordered for the recounting of all the boxes.

Polye’s lawyers have also argued for the court to put a halt to the recounting of all the boxes while the court hears the case.

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