The Suva High Court is expected to deliver a ruling on notice in relation to an application filed by proposed candidate for the National Federation Party, Makereta Waqavonovono to determine her eligibility to be nominated as a candidate for the September 17th General Elections.
It is understood that Waqavonovono was out of the country for studies for one year.
According to the Electoral Decree, a person is eligible to be nominated as a candidate for election to Parliament only if the person is ordinarily resident in Fiji for at least 2 years immediately before being nominated.
The decree further states that a person is deemed to be ordinarily resident in Fiji if that person has been out of Fiji for official Government business or duties or has been holding an official Government position.
Solicitor General, Sharvada Sharma who is representing the Supervisor of Elections and Attorney General and Minister for Elections asked the court for the matter to be dismissed entirely.
Sharma told Justice Kamal Kumar that the court does not have the jurisdiction to make a decision on this as this is a matter for the Electoral Commission.
Sharma also said that how can a court decide on the matter when the nomination period is not open and the writ has not been issued.
He also said that the decision of the Electoral Commission is final and cannot be challenged by any tribunal.
Waqavonovono’s lawyer, Tupou Draunidalo said that they are not challenging any decree.
She said that they are seeking clarification from the court on the term “ordinarily resident”.
Waqavonovono earlier made an application based on the grounds that this is invalid because it unlawfully discriminates against the political rights of citizens and infringes on their rights to a fair and free election because it restricts their options and they will not be able to vote for the candidates of their choice.
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