The election petition and notice of motion before the Supreme Court have been withdrawn and dismissed.
These are the matters between Leleimalefaga Neemia Fonotia versus Fuimaono Maiava Tito as well as the case between Fata Ryan Schuster and Maulolo Tavita Amosa.
The Supreme Court Justice that presided these matters are Acting Chief Justice, Vui Clarence Nelson, Niaava Mata Tuatagaloa and Lesatele Rapi Vaai.
The court expressed concerns over the case between Fata and Maulolo, after the party’s petition that was submitted alleging corrupt practices engaged for the purpose of inducing votes. In response the respondent filed a counter petition alleging similar corrupt practices were committed by the petitioner.
The parties now seeks to withdraw their claims on the basis that its not in the interest of justice to pursue and this is desirable in order to maintain peace and harmony within the electoral constituency.
However the court pointe out it was not made that such serious allegations of electoral misconduct would be contrary to the interest of justice and the [court] would have thought that fair ad free elections requires that such allegations be judicially determined in order to avoid the election of corrupt politicians.
The court however accepts that election petitions cases often results in much rancour and village disharmony, sometimes pitting family members against each other.
The court also took into account of exercising its discretion in their favor but that is not to say this is always the case.
In the case of Leleimalefaga and Fuimaono the court noted the petition conforms with the requirements of the Electoral Act but instead a notice of motion seeking various remedies, some of which such as declaratory orders are not available under the Electoral Act and the court ruled the notice of motion as nullity.
Furthermore the court concluded that there is no valid election petition has been filed there is nothing upon which they are required to report to the Speaker.
