– in Bibi Shadick V State matter
JUSTICE Gino Persaud said on Thursday that notices will be sent out on the date for his ruling in the matter of Guyana Elections Commission (GECOM) commissioner, Bibi Shadick and the State.
He made the announcement after hearing submissions on both sides of the bench in the Demerara High Court.
The case was heard in Court Two, where submissions were made by Anil Nandlall on behalf of Shadick, and Attorney-General and Minister of Legal Affairs, Basil Williams, on behalf of the State.
The ongoing matter brought before the court by Shadick and her counsel contends that Minister of Communities, Ronald Bulkan, had failed to issue an order for the holding of Local Government Elections (LGE) under the Local Democratic Organs Act Cap. 28.09, as well as against the chief elections officer for demarcating and re-demarcating constituencies’ boundaries without consultations with electors, stakeholders and political parties.
However, the attorney-general argued that the court has no jurisdiction to entertain the application by Shadick, on the grounds that once allegations of irregularities and illegalities are raised after the election process has begun, the law requires that any such challenge must come after the elections are held and by way of an elections petition.
Nandlall, in the interim, filed an application in attempt to bar the minister from challenging the court’s jurisdiction. This motion, however, was deemed “fallacious and without merit,” and was therefore ruled out by the judge.