LUGUTERAH vs. THE INTERIM ELECTORAL COMMISSIONER

This is an application at the instance of the plaintiff, “praying for an order for interim injunction to restrain the defendant, his agents and servants from holding a parliamentary election in the Chiana-Paga constituency pending the hearing and determination of the suit herein.” In the substantive action upon which this instant motion is based, the plaintiff’s claim against the defendant is for: “(a) A declaration that he be declared elected member of Parliament for Chiana-Paga constituency. (b) An injunction against the defendant, from holding an election in the Chiana-Paga Constituency pending the dissolution of Parliament.” The plaintiff’s action is well founded for, article 76 (1) of the Constitution, 1969, provides that: “76. (1) The High Court of Justice shall have jurisdiction to hear and determine any question whether (a) any person has been validly elected as member of the National Assembly or the seat of any member has become vacant.” While the...