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Chief Justice dismisses AFC elections petition

Feb 17, 2010 News

– Procedural non-compliance cited

Chief Justice Ian Chang yesterday dismissed the elections petition filed by the Alliance For Change, challenging the allocation of a parliamentary seat to the ruling People’s Progressive Party/Civic.
Justice Chang dismissed the petition on the grounds of procedural non-compliance.
Handing down the written decision, the chief justice noted that the AFC had failed to file an affidavit of service immediately after bringing the petition to the court.
The law states that any election petition must be followed almost immediately by an Affidavit of Service.
However, it was noted that the AFC presented the Affidavit of Service some 10 months after filing the petition.
Justice made the point that the rules of the Guyana Elections Commission are very clear when it comes to the filing of petitions.
The AFC had challenged the allocation of the Region 10 seat, following the 2006 national and regional elections, claiming that mathematically it should have been awarded to them.
But the judge’s decision was a big blow to AFC Chairman Khemraj Ramjattan who was in court when the decision was handed down. He emerged from the courtroom looking quite disappointed.
Ramjattan indicated that “the court has ruled and the party will accept the decision”, though he noted that the possibility of an appeal cannot be ruled out.
He expressed concern that although the AFC clearly won the seat on a mathematical calculation, a myriad set of rules will now negate the political will of Region 10.
Ramjattan commended the efforts of the legal team that represented the AFC, which comprised Stephen Fraser and Associates, and other lawyers who helped in presenting the petition and lengthy legal arguments which brought it to the final stage. “We will attempt to see what best could be done from here. It is like winning a cricket match on the score sheet but having that entire score sheet negativised by litigations on preliminary points,” Ramjattan told Kaieteur News.
He stated that the court’s decision will be very disappointing for the petitioner, Mr. Melville, as well as the AFC.
“But the law is the law and the judge’s ruling ought to be respected unless upturned by an appeal. The burden of waiting this long added to that disappointment,” said Ramjattan. He said that even immediately before the judge handed down the decision, the party was very optimistic that the decision would have been in their favour.
The Guyana elections petition was represented by Senior Counsel Ashton Chase while Anil Nandlall appeared on behalf of  PPP General Secretary Donald Ramotar.

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