The judgement in the case where former SODELPA MP Niko Nawaikula has challenged the validity of his parliamentary seat becoming vacant, will be delivered on notice.
One of Nawaikula’s lawyers, Jon Apted says Nawaikula lost his seat in Parliament after the Supervisor of Elections removed his name from the National Register of Voters because Nawaikula had registered under his common name used since childhood and not his birth certificate name.
Apted says they argued that the Supervisor of Elections was wrong in law.
He says they pointed out the Electoral Registration Act did not say that the birth certificate name was to be provided and the registration forms approved by the Electoral Commission did not say that you have to use the birth certificate name and Nawaikula had answered the questions on the form truthfully.
Apted adds they said the name that should be provided by voters depended on the law and the policy set by the Electoral Commission, and not the Supervisor of Elections.
Apted says they also pointed out that the Supervisor of Elections had allowed thousands of others to correct their details on the Register but had struck Nawaukula’s name off instead of simply correcting his name.
Solicitor General, Sharvada Sharma says the Supervisor of Elections was justified in his action to strike Nawaikula’s name from the National Register of Voters because he provided incorrect information to the Fijian Elections Office.
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