THE Office of the Leader of the Opposition on Saturday said it notes “The bewildering silence and inaction from the Guyana Elections Commission (GECOM) in the face of the imbroglio which has engulfed six local authority organs that have been unable to lawfully elect a Mayor, Deputy Mayor, Chairpersons and Deputy Chairpersons because of an equality of seats on those local authority organs allocated to the PPP/C and the APNU +AFC.”

In a statement, Opposition Leader Bharrat Jagdeo said it is no secret that the People’s Progressive Party/Civic (PPP/C) has launched legal proceedings and obtained a series of orders from the High Court quashing decisions of Minister of Communities, Ronald Bulkan, who took a decision to appoint the Mayor and Deputy Mayor of Mabaruma and Chairpersons and Deputy Chairpersons of the several NDCs affected.

Orders were also obtained restraining the Mayor, Deputy Mayor, and the Chairpersons and Deputy Chairpersons from functioning in those capacities, he pointed out, noting too that orders were also obtained mandating the Town Clerk of Mabaruma and the several overseers of the NDCs to appoint a date for new elections in the several local authority areas affected, as the law prescribes.

“These legal proceedings were filed not only to protect and defend the will of the electorate, but were also done to protect and preserve the constitutional mandate of GECOM, which is the authority that the Constitution has endowed with the exclusive responsibility in respect of, and in relation to, the conduct of the elections,” Jagdeo stated.

The government is maintaining that Minister Bulkan’s decision to appoint the Mayor of Mabaruma and the chairs of five NDCs is within his realm of authority.

On Thursday, Minister of Legal Affairs and Attorney General, Basil Williams, explained that the court action filed by the PPP/C on Wednesday, quashing the decision by Bulkan to appoint Mabaruma’s Mayor and the five NDC chairs at Woodlands/Farm, Woodlands/Bel Air, Malgre Tout/ Meer-Zorgen, Gibraltar-Fyrish and Industry-Plaisance was a case of misinterpretation of the law.

While the Government will abide by the judge’s ruling, it plans to challenge the order made on Wednesday.

The PPP/C filed for the orders on Wednesday in the High Court on the basis that the minister acted contrary to, and in violation of, the Municipal and District Councils Act, Cap. 28:01.

Justice Diana Insanally has granted an interim order quashing the controversial appointments, and has ordered the holding of fresh elections. The orders were filed by PPP/C Member of Parliament (MP) Attorney-at-law Anil Nandlall on behalf of fellow MP Zulfikar Mustapha.

But Minister Williams is maintaining that the Municipal and District Councils Act, Chapter 28:01, explicitly states that the minister has the right to appoint the Mayor, Deputy Mayor and NDC Chairpersons for Local Authority Areas if the councillors cannot arrive at a consensus.

According to the AG, the law was misconstrued and the applicants did not consider it in complete context, given that voters, as prescribed by Chapter 16:06 of the Local Government laws, referred to the elected councillors.
He said the legislation explicitly states that the Mayor and Deputy Mayor cannot be elected by the electorate; and according to him, it would be unlawful to return to the polls for fresh elections to elect those persons.