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Sep 07, 2016 Court Stories, Features / Columnists, News
– Lawyer granted 21 days to lay over written submissions
Attorney-at-law, Roysdale Forde has been granted 21 days to lay over written submissions in the appeal to strike out the Elections Petition filed by the People’s Progressive Party /Civic (PPP/C).
Following the outcome of May 2015 elections, PPP/C Member of Parliament Ganga Persaud underscored that the elections were not held in conformity with the Constitution of Guyana and the Representation of the Peoples’ Act, Chapter 1:03.
He essentially requested a recount of all ballot boxes for the last elections and fresh elections were also called for.
The party had listed Chief Elections Officer, Keith Lowenfield, and leaders of the eight political parties, which contested the last elections, as respondents in the matter.
Lowenfield, through his Attorney, (Forde) had subsequently sought to strike out the petition. The Chief Elections Officer had described the Petition as frivolous and vexatious; embarrassing and oppressive and an abuse of the process of the Court. He said too that the petition discloses no reasonable cause of the action.
However retired acting Chief Justice, Ian Chang had ruled that the summons to strike out the Petition was premature and therefore the Court should proceed in hearing it.
Forde has since filed an appeal and further disclosed that Chang erred in law when he failed to direct his mind to the Summons and to apply the proper principles applicable to the striking out of the Petition.
Forde outlined that the learned Judge erred in law when he made a finding and determination with respect to Article 163 (1) of the Constitution of Guyana and its relationship with Section 42 of the National Assembly Validity of Election Act Cap. 1:04 without affording the Appellant an opportunity of responding to the said finding.”
At the full court hearing presided over by Justice Roxanne George and Justice Franklyn Holder yesterday, Attorney Forde was granted 21 days to supply written submissions in the matter.
Attorney Latchmie Rahamat who entered an appearance on behalf of Attorney Anil Nandlall, lawyer for the opposition party, also made a request for 21 days to respond to the submissions.
The Petition filed on behalf of the People’s Progressive Party Civic, (PPP/C) seeks to challenge the validity of the outcome of the 2015 General and Regional Elections.
The applicant – Opposition Member of Parliament, Ganga Persaud – who was appointed Elections agent on the list of candidates for the PPP/C, had claimed that the elections were “unlawfully conducted” and that the result of the elections were affected or might have been affected by unlawful acts or omissions.
Following the outcome of May 2015 elections, PPP/C Member of Parliament Ganga Persaud underscored that the entire electoral process was flawed; that it contained many procedural errors and instances of fraudulent and/or suspicious actions.
”Unrest, fake Statements of Poll (SOPs) and multiple voting were among several causes cited when the PPP/C filed its elections petition.”
The presence of “huge mobs” at several polling stations and other strategic places, particularly in Region Four, were also cited by the party as another cause for intimidation and fear which in turn “rendered it impossible for polling, counting agents and duly appointed candidates to carry out their duties and functions properly.”
THIS IDIOT TELLING GUYANA WE HAVE NO SAY IN THE 50% PROFIT SHARING AGREEMENT WE HAVE WITH EXXON.
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