By SEPKOLIN WALNE
Newly-elected MP for Dei Open, Desmond Paul Kipa, has raised concerns about the conduct of the recent by-election.
Mr Kipa outlined the steps in an election process during the Grievance Debate in Parliament last Friday.
He said the election process began with the issuing of writs followed by nominations, campaigning, voting, counting and declaration of the winner.
“From experience as a lawyer and someone who has dealt with a lot of election petitions, I know the law that once the ballot boxes are put on the table inside the counting centre and is admitted by the returning officer or rejected by the officer if there is a complaint coming from the scrutiny of each candidate then whatever the decision the returning officer makes inside the counting centre that becomes the final decision,” Mr Kipa said.
“Only a court of disputed returns can undo the decision of the returning officer.
“I have two ballot boxes of two council wards in my area that were set aside after the boxes were admitted into counting and the scores were put on the tally box and the quality check was done.”
“At that point in time, I was leading the race, and when the two ballot boxes contained 3300 votes, I fell from the race to fourth position.
“I wrote to the Acting EC because the direction came from her directing the returning officer to undo the scrutiny process.
“As far as I know the law, Section 153 (a) of the Organic Law on National and Local Level Government Elections, says the returning officer has the power to admit or recheck and not the Acting Electoral Commissioner.”
Mr Kipa said Acting EC Margaret Vagi had exercised the power under Section 19 of the organic, saying that she had the overall direction and supervision of the election process.
He stressed that this was the first time in the history of PNG elections where the Acting EC had stepped in to reverse the scrutiny process.
“In almost all cases, the court has the power to order the box to be admitted if it’s rejected or to be admitted and counted, and that is the law,” Mr Kipa said.
“My concern is, if the Acting EC uses her discretion under Section 19 to say that she has the power, which I know the courts have to seek and undo the scrutiny process, what’s the guarantee there that this won’t happen to any other election.
“By doing what she did would give every candidate the opportunity to say that you don’t have to go to courts anymore, you just have to go to the Acting EC and she can set aside those boxes or she can admit those boxes.
“The process should be that the Court of Disputed Returns, which should undo the scrutiny process and not the Acting EC or EC,” he added.