BY ROMINAH FAKA
High Court has struck out the petition case against Member of Parliament for Northwest Choiseul Harry Kuma.
The ruling was delivered on Wednesday this week by Justice Howard Lawry.
High Court ruled also that the petitioner pays the costs of the first, second, third and fourth respondents, if not agreed to be assessed.
The petitioner Alick Flemming Pukakoqoro had filed a petition seeking declaration that the election of Mr Kuma as Northwest Choiseul MP was null and void.
The petitioner alleged about eight grounds challenging the validity of the election.
However after reviewing the material before the court, Mr Flemming Pukakoqoro decided to pursue only three grounds of election bribery against Kuma.
Kuma’s lawyer filed an application to have the petition struck out based on – the pleading was insufficient, and there was insufficient grounds to warrant the hearing of the petition.
Furthermore, for the allegations against the second respondent, Iulah Pitamama (Returning Officer), third respondent, Blaise Noqekesa (Counting Official) and fourth respondent, Attorney General, the petitioner submitted that each breached a duty contrary to section 112 (1) (d) of the Electoral Act.
Court ruled that the allegations against these electoral officers were insufficient to warrant the hearing of the petition and frivolous.
Walter Rotumana and Shelia Kilua represented MP Kuma and Lily Ramo represented the petitioner Pukakoqoro and Howard Lapo represented the second and third and fourth respondent (Electoral officers).
