Mowa v Electoral Commission [2008] VUSC 82; Election Petition Case 01 of 2008 (12 December 2008)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

ELECTION PETITION CASE No.01 OF 2008

IN THE MATTER OF:
THE REPRESENTATION OF THE PEOPLE ACT [CAP.146]

BETWEEN:

JACK MOWA, ISABEL DONALD, IOANE SIMON, BENJAMIN KORAH,
SAM OBED, ORAKA KELIU, PHILIP ORAKA AND DAVID SUMA
of Epi Island in the Republic of Vanuatu
Claimants

AND:

THE ELECTORAL COMMISSION
of Private Mail Bag 9033, Port-Vila, Efate in the Republic of Vanuatu
First Respondent

AND:

LEINAVAO TASSO
of Epi Island in the Republic of Vanuatu
Second Respondent

Mr Felix Laumae for the Claimants
Mr Frederick Gilu for the First Respondent
Mr Daniel Yawha for the Second Respondent

ORDER

1. Pursuant to section 61 (1) (a) of the Representation of the People’s Act [CAP. 146] a declaration is hereby made that the election of the Second Respondent, Leinavao Tasso, on 2 September 2008 at the Constituency of Epi, is void due to the breaches of the provisions of section 45 and section 46 of the Representation of the People’s Act [CAP. 146];

2. Order is made directing the First Respondent, Electoral Commission to conduct By-Elections pursuant to section 22 of the Representation of the People’s Act [CAP. 146] in relation to the one seat of Parliament of Epi Constituency as a result of the declaration made in Order 1 above;

3. Order for costs are made in favour of the Petitioners. Costs be taxed or agreed;

4. A Certificate shall be issued to inform the Speaker of Parliament;

5. A report shall be provided to the Public Prosecutor pursuant to section 64 of the Representation of the People’s Act [CAP. 146].

DATED at Port-Vila this 12th day of December 2008

BY THE COURT

Vincent LUNABEK
Chief Justice