MPs hide from court petitions

By TODAGIA KELOLA

A NUMBER of losing candidates who have filed election petitions against recently elected MPs have raised concerns that many MPs are hiding to avoid being served court documents. One of the rules of election petitions which must be strictly complied with is for the documents to be personally served on the respondents.
Therefore, the losing candidates after filing their petitions must serve these documents on the respondents in person. Unfortunately many MPs are either refusing to be served or are in hiding to escape being served.
Three candidates who have filed their petitions yesterday said that the refusal by the MPs to accept service is unbecoming of leaders who claim to have a majority mandate to sit in Parliament.
The three petitioners are former Nawae MP Timothy Bonga who is disputing the election of Gisuwat Mangere Siniwin, Madang businessman Peter Yama disputing the election of Anton Yagama for the Usino-Bundi seat and Daniel Tulapi for the Kagua- Erave seat against James Lagea.
Mr Bonga is alleging that the current MP has refused to accept service by police officers and Mr Yama and Mr Tulapi are alleging the same.
In Mr Yama’s case, police from Madang have on several occasions gone to Mr Yagama’s residence to serve the documents but he has demanded that Mr Yama himself serve the document personally on him.
“This is unbecoming of a leader.
If he is confident that he has won in the elections then he should accept service and prove it in court.
I have a grievance and this is my right to challenge his win in court,” said Mr Yama.
Mr Tulapi alleged that he had tried to effect service on Mr Lagea at a popular club in Port Moresby but Mr Lagea refused to accept the documents.
This resulted in a near confrontation between supporters of both leaders.
The three petitioners stated that “an election is a legal process allowed by law. That law also provides very clearly that any dispute or grievance arising from that electoral process must be addressed in the National Court. A losing candidate is entitled in law to bring his or her grievance to the only proper and legally recognised forum, the National Court… those leaders must respect the process,” they said.
The number of election petition cases registered at the National Court as of this week has climbed to more than 70 cases, exceeding the number of previous election petitions.
This means that 76 out of the 111 seats are being disputed.
According to the National Court Registry staff, ‘the way in which the petitions are being filed is overwhelming and we won’t be surprised if all 111 electorates are being challenged in court.”
The team assisting the court registry said they expect more petitions by the end of next week.
In the 2007 elections there were 55 petitions.