The strike out application filed by SODELPA MP Mikaele Leawere’s lawyer Jon Apted against the Attorney General’s petition has been dismissed by the Suva High Court Judge Justice David Alfred.
Judge Alfred also ruled that Leawere has to pay costs of $1,000 to the Office of the Attorney General.
Meanwhile Suva lawyer Devinesh Sharma who is representing the AG’s office said in the case late yesterday that Leawere is only elected to parliament in the 2014 general election.
The Attorney General’s petition seeks a determination that the Electoral Commission erred in law in awarding a vacant parliamentary seat to Leawere who was the SODELPA candidate with the highest number of votes in the September 2014 General Election after SODELPA MP Ratu Viliame Tagivetaua’s death on March 5th this year.
The commission awarded the seat to Leawere on May 5th.
When the vacancy arose Leawere was the Acting General Secretary of the Fijian Teachers Association making him a public officer.
According to the constitution, no public officer is eligible to take up a parliamentary seat.
Under section 64 of the constitution, when a seat of a member from a political party becomes vacant, the Commission must award the seat to the candidate of the same party who in the past general election is the highest ranked of the candidates who did not get elected to Parliament and who is available to serve.
Submissions will continue to be heard by the High Court today on whether Leawere should continue to occupy the parliamentary seat.
