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Vatambe v Principal Electoral Officer [2002] VUSC 66; SC 108-02 (11 September 2002)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

(Civil Jurisdiction)
Election Petition Case No.108 of 2002

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

BETWEEN:

REME VATAMBE

Petitioner
AND:

THE PRINCIPAL ELECTORAL OFFICER

First Respondent
AND:

THE ELECTORAL COMMISSION

Second Respondent
AND:

HONOURABLE DENIS PHILIP

Third Respondent
AND:

HONOURABLE JEAN ALLAIN MAHE

Fourth Respondent

RULING

UPON an application by Mr Daniel Yawha on behalf of the Applicants herein (in particular the First and Second Applicants) that Order 5 of the Orders of 26^th July 2002 be further clarified before trial,

AND UPON reading Order 5 of the said Orders, it is my view that the order is not ambiguous, and that it requires as follows –

1) That on Thursday 12^th September the Court will examine all the counted votes (valid and invalid), and

2) Where it appears necessary, the Court may order a recounting of all votes cast in the Santo Constituency.

For these purposes, I hereby ORDER that –

(1) The First and Second Applicants herein make available all papers and Ballot Boxes in respect of the Santo Constituency at the hearing on Thursday 12th September, 2002.

(2) Costs be in the cause.

DATED at Luganville this 11th day of September, 2002.

BY ORDER OF THE COURT

OLIVER A. SAKSAK

Judge