Paupiyala Tjarutja Aboriginal Corporation is taking a stand for the right to vote after two community members were denied their vote when a mobile polling booth closed ten minutes early.

The people of Tjuntjuntjara, the Spinifex People, have taken their fight regarding the recent local election for the Shire of Menzies, in Western Australia's Goldfields-Esperance region, to the Court of Disputed Returns.

In a Shire where the township of Menzies counts about 120 residents, a single vote decided the make-up of the Council at the election.

Paupiyala Tjarutja Aboriginal Corporation alleged the Council is, in their view, "now led by a President who has long dismissed the voice of the desert communities hundreds of kilometres away".

Two voters, ready, eligible, and waiting within the advertised polling time, were turned away from a polling booth and the ballot box was sealed before 2pm.

"One vote decided the election. Two voices were silenced," Paupiyala Tjarutja Aboriginal Corporation said in a statement.

The Corporation's co-CEO, Jon Lark, said "democracy is only real when every vote is counted".

"When a community 800 kilometres away from the nearest town is told their vote doesn't matter — and when one vote changes who governs them — this is not a small oversight. It's a reminder of how easily remote people can be forgotten," he said.

PTAC has filed proceedings challenging the result of the Menzies Shire Council election, arguing that the early closure of polling unlawfully disenfranchised eligible voters and that the result should be set aside.

Tjuntjuntjara represents nearly half of all registered voters in the Shire of Menzies, "yet when the desert roads flooded earlier this year, isolating the community for months, the Shire offered no support", Paupiyala Tjarutja Aboriginal Corporation alleged.

The Corporation said motions raised by Tjuntjuntjara for "fair assistance and inclusion" were "struck from meeting agendas without explanation".

PTAC said with one vote separating victory from defeat, "the Spinifex People are asking for something very simple; a fair go".

"From the Great Victoria Desert, this is more than a legal dispute, it is a message echoing across Australia's outback: Democracy should not stop where the bitumen ends," they said.

Menzies Shire Acting CEO Peter Bentley told National Indigenous Times he has "not seen evidence" in the past 12 months of the Council President being dismissive of the views of desert communities.

"However, I cannot speak with regard to the Shire President's actions prior to my term here which commenced in November last year," Mr Bentley said.

"It should be noted that the Community and/or its management have not engaged with the Shire despite several attempts to do so by Council staff particularly with regard to roads. The PTAC CEO has stated to me during a meeting I asked for to improve relations with the Community that he has no interest in doing so and wishes only to deal with the City of Kalgoorlie Boulder.

"There has been a requirement put in place by the Shire for greater accountability by the Community (and/or its management) with regard to funds allocated to projects at Tjuntjunjara. This may have contributed to a negative view by the PTAC Management of the Shire with regard to providing services."

Mr Bentley said the accountabilities are in line with normal purchasing practice for all aspects of our operation for ensuring the prudent use of ratepayer funds.

"The Council funds a service to the community for veterinarian health for dogs, a school holiday program for the school, this year it has also agreed to fund a new rubbish trailer, a cemetery project and a rubbish tip project subject to scoping of these two projects. These were at the request of the community management and supported by the Council, including the Shire President," he said.

Mr Bentley said he was not aware of flooding this year at the Community or along the Access Road, but believed the criticism arose from flooding in 2024.

"No request for assistance has been received this year in relation to flood damage or rescues. This may be a reference to a matter in early 2024, nearly two years ago, where the primary damage was to roads within the City of Kalgoorlie Boulder and the repairs are still incomplete as I understand it," he said.

"The Shire of Menzies has no control or right to undertake repairs to the City's roads. There are multiple access roads to the Community and the primary access road for supplies is the Oak Valley Road to Ceduna. This is a private road and the Shire has no control over it. The Shire's roads remained trafficable, as I understand it, albeit with caution.

"This matter was aired through the media by the PTAC CEO many times throughout 2024 and has been the source of disagreement between the parties in relation to the Shire's obligations. It should also be noted that Shire staff and contractors have been refused access to the Community lands to assess road damage and projects since the 2024 incident."

Mr Bentley said he was not aware of motions raised by Tjuntjuntjara for assistance and inclusion that were struck from meeting agendas without explanation.

"I will investigate the claim and respond further. However, I will note that the Council funds services to the community including the projects mentioned above. These were at the request of the community management and I don't believe that any other projects have been requested or refused over the past year," he said.

"During the past 12 months of my term, no matters have been struck from or removed from a meeting agenda."