High Court dismisses PPP’s challenge over LGE boundaries

Nov 10, 2018 News

Justice Gino Persaud has dismissed the legal challenge mounted by People’s Progressive Party (PPP) nominated Guyana Elections Commissioner, Bibi Shadick, over the local government elections boundaries.
The PPP had mounted a legal challenge after the Guyana Elections Commission (GECOM) had redrawn new constituencies ahead of the Local Government Elections (LGE).
The party, therefore, filed the lawsuit challenging the authority of Minister of Communities, Ronald Bulkan and the Chief Elections Officer (CEO) of 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 Local Government Elections (LGE) set for Monday, November 12.
In her application, Shadick, a PPP GECOM Commissioner, sought to bar the holding of local government elections for several neighbourhoods on allegations that Local Government Minister, Ronald Bulkan, failed to issue an order outlining certain new information as it relates to the boundaries.
However in his ruling yesterday, the High Court Judge noted that Shadick’s lawyer, Anil Nandlall, failed to produce evidence to support her contentions. The Judge noted that there was no requirement for the Local Government Minister, (Bulkan) to publish the boundaries again, having been established in 1990.
Justice Persaud said, too, there is no evidence to show that the Chief Elections Officer, Keith Lowenfield, had fixed, demarcated or re-demarcated any boundaries for the 14 local authority areas identified in the challenge.
Given the circumstances, the Judge dismissed both challenges and ordered Shadick to pay $150,000 in costs to both respondents.
In the action, the Parliamentary Opposition had contended 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.
Last August, the PPP accused the Government of manipulating (gerrymandering) LGE boundaries to undermine its stakes at the upcoming elections. The party promised to move to the Court to challenge the actions of the Minister and GECOM in this regard.
Attorney-at-Law Anil Nandlall had therefore filed a Fixed Date Application (FDA) on behalf of the GECOM Commissioner for the Opposition. The FDA serves as Judicial Review Proceedings against the Minister and GECOM CEO in relation to certain matters pertaining to the impending LGE.
In the FDA, Nandlall admitted that both the Minister and CEO have certain statutory responsibilities to discharge in relation to the holding of the elections. He, however, argued that the Minister failed and/or omitted to follow certain procedures outlined in the Law in the creation of new NDCs, the creation of new seats in existing NDCs, as well as allocating seats in the new NDCs.
According to Nandlall, “It is not that (the Minister) does not have the power to do so. However, there is a procedure under a particular legislation that must be followed before it is properly done. That was not done by the Minister.”

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