Latest update March 19th, 2024 12:59 AM
Dec 05, 2022 News
Kaieteur News – Chief Scrutineer of the APNU+AFC, Carol Smith-Joseph has brought a lawsuit against the Guyana Elections Commission (GECOM), the Chief Election Officer and the Attorney General, seeking over fourteen declarations and four orders intended to nullify the preliminary list of electors and give rise to a new register of voters, before Local Government Elections (LGE) are held.
The APNU+AFC has long expressed major concerns over the compilation of the Voters’ List on the basis that it is bloated with dead people and thousands of Guyanese that have migrated.
Through her Attorney, Senior Counsel, Roysdale Forde, Joseph is seeking a number of declarations.
She is asking the High Court inter alia, to declare that the Elections Commission acted unlawfully when it opted not to compile the Preliminary List of Voters for the Local Elections in accordance with the Local Authorities (Elections) Act as amended by Act No. 15 of 2015.
She is asking Court to rule that GECOM is required to act in accordance with Section 11 of the Local Authorities (Election) Act in compiling the Preliminary List of Voters, and further that it is legally required to prepare a Register of Voters for use at Elections for Local Authority Areas in accordance with Sections 12, 13, 14, 20, 22 and 23.
Joseph said failure to comply with the legislation would render the Register of Voters for Local Government Elections (LGE) null, void and of no legal effect.
She is also asking the Court to declare that the Constitutional duty of the Elections Commission, as provided for in Article 162 of the Constitution to compile a Register of Voters imposes a duty to compile a reasonably accurate and credible Register of Voters.
The APNU+AFC Chief Scrutineer also wants “a declaration that the Register of Voters extracted pursuant to Section 5 (6) of the Election Laws Amendment Act by the Guyana Elections Commission for use at Local Government Elections is not reasonably accurate or credible, thereby making the same unconstitutional, unlawful, null, void and of no legal effect.”
Ms. Joseph is asking the Court to declare that Section 5 (6) of the Election Laws, (Amendment) Act consequent upon the judgment of the High Court in Ram versus Attorney General of Guyana is obsolete, unworkable and wholly ineffectual as a law for the peace, order and good governance, and that a List of Electors prepared for General and Regional Elections under Section 5 of the Elections Laws (Amendment) Act can no longer be prepared on the basis of Electors resident in Guyana.
On behalf of his client, Forde asked the Court to issue an Order setting aside the Order issued by the Elections Commission for the purpose of extracting a List of Electors for Local Government Elections on the ground that it is ultra vires and unlawful.
They are also seeking an order directing GECOM to compile a Register of Voters in accordance with Section 23 (3) of the Local Authorities (Elections) Act Cap 28:03 before conducting of any Local Government Elections in Guyana.
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