The dismissal comes after a preliminary issue was raised in a motion by Mendani’s lawyer, Tony Waisi, regarding the service of the petition by Opa.
The petition was filed by Opa on September 1, however service of the notice was effected on Mendani, by way of a published advertisement, one day late in the Post-Courier.
Opa could not serve the MP within the 14 days’ requirement of the election petition rules.
Instead, he went to the newspaper on the 12th day to have the advertisement put up. The notice was published on the 15th day.