Yaviong v Uliak [1986] VULawRp 15; [1980-1994] Van LR 233 (10 October 1986)

[1980-1994] Van LR 233

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

CIVIL JURISDICTION

Civil Case No. 170 of 1985

SOUTH ERROMANGO ELECTION PETITION

IN THE MATTER OF:
ARTICLE 52 OF THE CONSTITUTION OF VANUATU

BETWEEN:

STEPHEN YAVIONG
of Erromango Island, Vanuatu
Plaintiff

AND:

CHARLIE ULIAK
of Erromango Island, Vanuatu
Defendant

Coram: Cooke CJ, Williams and Amet JJ

Counsel: Mr G Vasaris for petitioner

JUDGMENT

[CONSTITUTIONAL LAW - ELECTIONS - voting irregularities; by-election]

On the 18 day of October 1985 Stephen Yaviong filed a petition asking the Supreme Court to declare void the election of Charlie Uliak in the South Erromango Ward in the Tafea Local Government Council Election held on 9 September 1985.

The basis of his petition was that section 30 of the Representation of the People Act and the Rules set out in Schedule 4 of the said Act were contravened in that the following seven persons purported to exercise proxy votes at South River and Happy Land polling stations when in fact no applications to vote by proxy had been filed by the relevant registered voters:-

1. Wolef - voted for his daughter without proper proxy.
2. Harry Rumto - voted for his wife without proper proxy.
3. Robert Natum - voted for his wife without proper proxy.
4. Nompuat Neiafa - voted for his wife without proper proxy.
5. Stephen Naupa - voted for his wife without proper proxy.
6. David Namaham - voted for his wife without proper proxy.
7. Nela Likvos - voted for his father without proper proxy.

It was ascertained that one James Lovo of Erromango was the presiding officer in charge of the By-Election in the South River Polling Station, Erromango area on the 9th September 1985.

An affidavit was obtained from the said James Lovo who admitted that he permitted at least nine persons at South River to obtain voting slips and record proxy votes without following the correct procedure. He said he thought it would be all right as it was only a by-election and not a general election.

The matter came on for hearing the full court on the 1st October 1986 when we heard Mr Vasaris for the petitioner and Mr Boulekone for the interested party.

The facts having been admitted we entertained no doubt that the irregularities took place which were contrary to law.

We accordingly make the following Orders:-

1. An Order that the Election petition of Stephen Yaviong dated 18 October 1985 be heard by three judges of the Supreme Court of Vanuatu acting in pursuance Article 52 of the Constitution and Section 27 (3) of the Courts Regulation 1980.
2. An Order of certiorari to be granted quashing the various orders made by the Chief Justice herein on 22 August 1986.
3. An order under the Local Government Council Elections (Procedure Rules) Order No. 61 of 1982 that the result of the Tafea Local Government Council Election, South Erromango Ward, held on 9 September 1985 be set aside as void and that a by-election be ordered.

10 October 1986

FREDERICK G COOKE
PRESIDENT

MR JUSTICE WILLIAMS - I concur

MR JUSTICE AMET - I concur