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Lawyer challenges Luncheon’s name on candidates’ list
A lawyer known for taking on complex constitutional matters, has gone to court challenging the legality of Secretary of Cabinet, Dr. Roger Luncheon, on the list of candidates for the ruling People’s Progressive Party/Civic (PPP/C).
Attorney-at-Law Saphier Husain-Subedar
Attorney-at-Law, Saphier Husain-Subedar, is also challenging the legality of the ruling party to hold meetings of the Cabinet of Ministers and making decisions even though Parliament has been dissolved.
In a motion filed yesterday seeking to block Dr. Luncheon from contesting the upcoming May 11 General and Regional Elections, Husain-Subedar also named the Attorney General and the Guyana Elections Commission as the respondents.
He wants the court to grant a declaration that Luncheon is a public officer holding/occupying a public office under Article 117 of the Constitution.
He also wants a declaration that Luncheon’s name on the list of candidates for PPP/C as submitted to GECOM on April 7th is void as he has failed to vacate his public office and should be disqualified from being a candidate.
The lawyer, also Leader of the National Independent Party of Guyana which is contesting the elections, wants the court to also declare that all acts and things done by the Cabinet after the dissolution of Parliament on 28th February, 2015 and Nomination Day, on 7th April, 2015, are unconstitutional, void and has no pursuant to Article 117 of the Constitution of Guyana when read together with Article 106 of the Constitution of Guyana.
Dr. Roger Luncheon
He argued that the Cabinet ceased to exist on the dissolution of Parliament and that it is
responsible to Parliament, pursuant to Article 106 of the Constitution of Guyana.
He wants the court to declare also, that the acts and things done by Secretary to the Cabinet as from the date of dissolution of Parliament are inconsistent with democracy, unconstitutional and in violation of various Articles of the Constitution and sections of the Representation of the People’s Act requiring free and fair elections.
In his affidavit in support of the motion, the lawyer said that he is also a rice and cattle farmer and that his party’s list of candidates has been accepted by GECOM to contest the General Elections as published in the Kaieteur Newspaper dated Sunday 19th April, 2015.
He said that Article 155 (6) (c) (1) and other articles of the Constitution point out that “anyone who holds or acting in or performing the functions” of any public office shall not be qualified for elections as a member of the National Assembly”.
He said that Luncheon continued until the present time to hold Cabinet meetings with ulterior motives as Secretary of Cabinet and used said information as “propaganda” for the People’s Progressive Party through the Government Information Agency publication on various television stations in contravention of the Constitution.
Husain-Subedar said he believes that Luncheon’s actions interfere with the fairness of the General Elections to be held on May 11th, 2015.
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