Papua New Guinea’s judiciary has declared the 2022 Kandep Open election result void, ruling that electoral laws were violated and irregularities were widespread. The National Court’s decision removes MP Don Pomb Polye from office and directs the Electoral Commission to hold a by-election.
The legal challenge was initiated by Luke Alfred Manase, who contested the outcome on the basis of serious misconduct. The Court upheld two of his six claims, specifically targeting an illegal declaration by the Returning Officer and the undue influence that affected polling outcomes. The declaration, made on July 26, 2022, directly ignored an Electoral Commission order to pause counting.
Justice Sir Kina Bona found that only 46 ballot boxes had been counted before Polye was prematurely announced the winner by a margin of just 527 votes. The Court noted that this act undermined the legitimacy of the result and was a deliberate move to favour the incumbent MP. It was deemed both unlawful and unjustified.
In addition to the improper declaration, the Court found credible evidence of election interference at polling sites. Incidents of ballot box hijacking were reported at locations including Lagalap and Kanean. At Kanean alone, Polye secured 100% of the 1,100 votes cast—an outcome the judge described as “implausible and indicative of foul play.”
Justice Bona emphasized that over 6,180 votes were affected by these irregularities, far surpassing the margin needed to influence the final result. He quoted the 2009 case of Manase v. Polye to highlight the Court’s view that an election should be set aside if the integrity of the process is compromised.
The Court concluded that the people of Kandep must have the right to elect their leader through a lawful and transparent process. Despite the inconvenience of a by-election, Justice Bona said it was a necessary step to restore voter confidence in the democratic system.
With the verdict delivered, the PNG Electoral Commission is now expected to conduct a fresh by-election for the Kandep Open seat. The judge also recommended that the dismissed Returning Officer, Henry Apakali, not be engaged again. The ruling underscores the importance of legal and ethical conduct in all future PNG elections.
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