Latest update April 23rd, 2024 12:59 AM
Sep 25, 2018 News
Minister of Communities, Ronald Bulkan has moved to the have the High Court dismiss the People’s Progressive Party (PPP) challenge against the decision to expand constituencies for the Local Government Elections (LGE) set for November 12.
Bulkan’s application is expected to be heard on Thursday before Justice Gino Persaud. According to court filings, Bulkan is contending that the Court lacks jurisdiction to settle or determine any matter pertaining to the validity of the 2018 LGE until after the those elections are held, the election process having begun on July 18, 2018 and then by way of an election petition.
The PPP is challenging the authority of Bulkan and the Chief Elections Officer (CEO) of the Guyana Elections Commission (GECOM), Keith Lowenfield, under the Local Democratic Organs Act, Cap. 28:09, to identify by name, boundaries and seats, a number of Neighbourhood Democratic Councils (NDCs) for the upcoming elections.
The Parliamentary Opposition contends that the actions by the Minister are illegal, in violation of the Local Democratic Organs Act and in excess of jurisdiction, when he failed to satisfy or observe procedures required by law.
The PPP had accused the government of gerrymandering LGE boundaries to undermine its stakes at the upcoming elections.
The PPP further contends that the Minister altered existing boundaries within existing NDCs without any attempt to consult with important stakeholders, including the electors and the political parties.
However, Bulkan is contending that the procedure set out in Part IV and section 146, section 147 and 148 of the Local Authorities (Elections) Act of Chapter 28:03 provides that the only proper procedure to dispute the validity of the election or the election of a councilor is by way of Election Petition to the High Court, which shall be presented within 28 days of the publication of the results of the election, under section 101 of the Local Authorities (Elections) Act of Chapter 28:03.
“The Applicant cannot lawfully challenge the validity of the elections generally or specifically because the elections process has commenced and is in progress; the local government elections have not yet been held; the application is presented by way of a Fixed Date application instead of an elections petition,” court filings by Bulkan stated.
Bulkan is contending that under the circumstances, he is entitled to dispute jurisdiction.
Attorney-at-Law Anil Nandlall has filed a Fixed Date Application (FDA) on behalf of GECOM Commissioner for the Opposition, Bibi Shadick. The FDA serves as Judicial Review Proceedings against the Minister and GECOM CEO in relation to certain matters pertaining to the impending LGE.
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