Edwin Mario sued PEC and Santos Borja in his official capacity as the Chairman of the PEC and Celestine Tatuwo Yangilmau, Sonsorol’s elected Delegate.
Mario filed his complaint for declaratory judgment and injunctive relief at the Supreme Court on Janaury 14, a day before Yangilmau took his oath of office.Mario also filed a Temporary Restraining Order to stop Yangilmau from swearing-in but the TRO was dismissed by Associate Justice Alexandra Foster.The court said in dismissing the TRO that Mario failed to show that he will suffer irreparable injury if Yangilmau is sworn-in as Delegate of Sonsorol State.Mario alleged in his complaint that Yangilmau is not qualified to seat as Delegate of Sonsorol for he did not meet the residency requirement.Mario stated in his complaint that Yangilmau has never lived in Sonsorol and Yangilmau is a resident of Koror.The complaint state that Yangilmau was born and was raised in Koror.The complaint stated that Yangilmau at the age of 36, on October 6, 1987, filed an application for National Election Voter Registration transferring his voter registration from Koror to Sonsorol.The complaint stated that Yangilmau signed an affidavit on application for registration and stated that he has been living in Sonsorol for the past one year.Mario in his complaint state that the statements made by Yangilmau in the application for National Election Voter Registration were false.Mario is asking the court to issue an injunction permanently enjoining Yangilmau from seating as Delegate of Sonsorol in the Olbiil Era Kelulau.Mario is also seeking for an order from the court ordering the Palau Election Commission to void the results of the 2008 General Election with respect to the Delegate of Sonsorol State.Mario also wants the court to order the Palau Election Commission to conduct a special election to elect a Delegate for Sonsorol and to declare that Yangilmau is not a registered voter of Sonsorol and to declare Yangilmau as not an eligible candidate for Sonsorol.
