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Jan 08, 2019 News
Opposition Leader Bharrat Jagdeo has applied to the High Court to be a party to the proceedings filed by a private citizen, Compton Reid, against the no- confidence which was passed in the National Assembly.
Reid has filed an application asking that the No-Confidence motion against the Government be quashed on the ground that expelled Alliance For Change (AFC) parliamentarian Charrandass Persaud, who voted with the Opposition, has been a Canadian citizen for almost 20 years.
He is challenging the validity of Persaud’s vote because he is a Canadian citizen and should not have been even elected to sit in the House and, moreover, vote.
Reid is asking for a declaration that the vote cast by Persaud is null, void and of no legal effect, and by reason the unlawful “yes” vote cast by Persaud, the No Confidence Motion was not passed, is another declaration being asked for by the court.
In the grounds of application, the applicant has argued that Persaud was not qualified for elections as a member of Parliament as required by Article 155 (1) (a) of the Constitution of Guyana which states, “No person shall be qualified for elections as a member of the National Assembly who, (a) is, by virtue of his or her own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state.”
However, in a court documents filed by Attorney-at-Law Anil Nandlall and team, Jagdeo as Opposition Leader has asked the Court to be joined in the matter, since he is a party of interest.
In his application, Jagdeo noted that he wants to join the proceedings because “the main thrust of the proceedings filed” by Reid is to invalidate the no-confidence motion and to ultimately prevent its constitutional consequences” – resignation of the President and Cabinet, calling of general elections in 90 days or having the House extend that period by a two-thirds majority.
Jagdeo says that it is imperative that he “be permitted to join these proceedings not only to protect its integrity, but in order to protect and preserve the will of a majority of the elected members who voted in favour of the said no-confidence motion and also to protect and preserve the sanctity of proceedings in the National Assembly as well as the Constitution of Guyana”.
Further, the Opposition Leader said the matter raises not only issues of paramount constitutional and parliamentary significance, but also fundamental political issues, which may have far-reaching implications for national democracy, peace, order and good governance in Guyana.
“Having regard to the parties to these proceedings and the Attorneys-at-Law on record for Mr. Compton Herbert Reid, I genuinely fear that there is manifest connivance and collusion in the institution of these proceedings and the Attorney-General would be ready and willing to consent to judgment in a deliberate conspiracy to pervert these legal proceedings in order to nullify the aforesaid no confidence motion and its constitutional consequences.”
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