Appeal of judgement filed in appellate court next day
Plaintiff Koshiba filed a notice to the Appellate Court on the next day, Wednesday, appealing the judgement and decision and asking the Court to expedite the appeal.
The PEC in the mean time has certified the result of the winners of the November 14 general election for the elected Koror legislators and Franco Gibbons as the winner of the December 12 runoff election.
Plaintiff Koshiba has filed an amended complaint on December 6 against PEC and Gibbons that the koror law, K6-123-2001 calling to runoff election on December 12 is unconstitutional being in conflict with Koror Constitution Article VII, Section 2 and Article XII, Section 3 which set the election of governor to be only general state election and on a specific second Tuesday in November and also asked for an injunction against the holding of the runoff election. The court denied the motion ans asked all the parties to file their pleadings by December 14 last week and then issued her judgement and ruling on Tuesday this week.
Justice Salii in holding that the Koror runoff law, K6-123-2001, Section 4(B) is not in conflict with the Article XII, Section 3 states the following in the judgement: "The matter of law in dispute is the constitutional validity of KSPL No. K6-123-2001, Section 4(B)........ and then posed this question and answer "Can the language of Article XII, Section 3, of the Koror State Constitution be read in such a manner as to uphold the validity of KSPL No. K6-123-2001, Section 4(B), which provides for run-off elections in a gubernatorial election?