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Legal challenge to elections opens

Oct 26, 2011 News

The court on Monday heard its opening arguments as the Civil Injunction which was filed against the Guyana Elections Commission and the political parties in Guyana, by several concerned groups continued before Chief Justice Ian Chang.
Attorney at Law Mortimer Coddett, told the court that he wishes to make it clear that the group which consisted of the Guyana Trade Union Congress and the Guyana National Council on Public Policy were not asking for the court to stop elections, since it is known that the court has no legal authority to do so.
Coddett said that the court however has the legal power to protect the fundamental rights of all Guyanese citizens enshrined in the constitution.
He said that in the first case the complainant is against the first named defendants, GECOM, which is the institution mentioned in the constitution as being legally responsible for ensuring that election is held within the accordance of the constitution.
He noted that since the “election fever season” started, it can be clear that only a particular sector is able to communicate freely to the civil society and at the same time through the media, harass, terrorise and victimise other political parties.
Coddett said that this concern has caused pain, and it has come to a point where the court has been approached by various citizens against the abuse of power by the state or its officers in contravening the fundamental rights of individuals.
Attorney at law Anil Nandlall, on Monday told Kaieteur News that the matter was filed ex parte and then the service order was given.
According to the lawyer, Monday was set for preliminary submissions. He said that his submissions in essence were that the entire action was misconceived and impurely bad in law.
Nandlall further told Kaieteur News that most of the parties purporting to be plaintiffs are not legal entities, nor are the names of the respondents legal entities.
According to the lawyer, the court has no jurisdiction at this stage or at any stage to stop elections from being held.
It was explained that the court however has a jurisdiction that after the elections are held if there is any deficiency or irregularity the court has a jurisdiction to treat those irregularities in an election petition filed for that purpose.
There is no jurisdiction before election to stop or question the electoral process, the jurisdiction the court is a very narrow one, and this to be exercised by way of an election petition.
Attorney at law Dr. Phillip Thomas who is also representing the group of concerned citizens explained that the action is against all the political parties and the Guyana Elections Commission.
He explained that bases for bringing the action were to seek the attention of GECOM in determining, specifically and precisely whether or not it feels it is right between the time parliament ended and the time election will be held, whether or not the citizens received sufficient information by the time for polling.
The fundamental base behind this is that the citizen is afraid of victimisation.  The matter will continue tomorrow in the High Court.

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