GOVERNMENT has asked the High Court to strike out an application by the People’s Progressive Party which seeks to block the holding of Local Government Elections in several districts if Communities Minister, Ronald Bulkan does not issue an order for the holding of LGE under the Local Democratic Organs Act Cap. 28.09.

The government’s application filed by the Attorney General Chambers is seeking a declaration that the court pursuant to Part 9.01 (1) of the Civil Procedure Rules 2016 lacks jurisdiction to hear and determine the fixed date application filed on September 10, 2018, which raised allegations of irregularities and illegalities questioning the validity of the Local Government Elections to be held on November 12, 2018 until after the Local Government Elections are held the election process having begun on July 18, 2018 and then by way of an election petition.

Attorney General, Basil Williams argues that the elections statutes created by the Parliament of Guyana and as set out in the Municipal and District Councils Act Cap 28:01, the Local Government Act Cap 28:02, the Local Authorities (Elections) Act Cap 28:03 and the Local Democratic Organs Act Cap 28:09 of the Laws of Guyana do not give the High Court any jurisdiction to settle or determine any matter pertaining to the validity of the LGE 2018 until after the elections are held. “The procedure set out in Part IV and Section 146, section 147 and 148 of the Local Authorities (Elections) Act of Chapter 28:03 of the Laws of Guyana provides that the only proper procedure to dispute the validity of the election or the election of a councilor is by way of election petition to the High Court, which shall be presented within 28 days of the publication of the results of the election, under section 101 of the Local Authorities (Elections Act) Cap 28:03.”
The PPP is alleging that Minister Bulkan had failed to issue an order for the holding of Local Government Elections under the Local Democratic Organs Act Cap. 28.09, as well as against the chief elections officer for inter alia demarcating and redemarcating constituencies’ boundaries without consultations with electors, stakeholders and political parties.

Meanwhile, in his affidavit to support the application, Minister Bulkan said: “I am informed by the Chief Elections Officer of the Guyana Elections Commission (GECOM) and do verily believe that GECOM in accordance with its role as the legal entity responsible for the administration and conduct of elections in Guyana began implementation of the statutory timelines for the holding of Local Government Elections in accordance with my Order as the Minister of Communities.” He added: ”I am informed by the Chief Elections Officer of GECOM and do verily believe that the statutory timelines include: the Registration Exercise which commenced on 21st May, 2018 and concluded on the 8th July, 2018. Nominations Day which was concluded on Friday 21st September, 2018.
a. Disciplined Services Voting Day set for the 2nd November, 2018; and
b. Elections Day set for 12th November, 2018.
Bulkan said too that the Guyana Elections Commission has been allocated a budget of $1.2 Billion dollars for the administration and conduct of Local Government Elections 2018 and a substantial portion has been expended to date in preparation for the elections which are scheduled to be held in the next 50 days.
The hearing of the matter began last two Fridays ago before Justice Gino Persaud in the High Court. The matter will come up again this week. When the matter was called before Justice Persaud, counsel for the Attorney General’s Chambers representing Minister Bulkan, one of the respondents in the case requested 14 days in which to file affidavits in answer to Shadick’s application. Chief Elections Officer of the Guyana Elections Commission (GECOM), Keith Lowenfield is the second-named respondent who is being represented by attorney Roysdale Forde.

At the same time, counsel for Shadick, Anil Nandlall and Marcia Nadir-Sharma, called for the hearing to proceed expeditiously. Nadir-Sharma, indicated to the court that they can make submissions in the matter within a seven-day period after the filing of affidavits by counsel for the respondents. In her application, Shadick alleged that the subject minister has failed to identify by name, boundaries, and number of members, each of the Neighbourhood Democratic Councils. She contended that the said decision is “unlawful, illegal, [and] in violation of the Local Democratic Organs Act, Cap. 28:09”.

Among the areas named are the municipality of Rose Hall, the municipality of Mahdia, Moruka/Phoenix Park, Kitty/Providence, Nile/Cozier, Lamaha/Yarrowkabra, Hauraruni/Yarrowkabra, Plegt Anker/Kortberaad and Wyburg/Caracas. The PPP alleged that in creating new NDCs and modifying and/or re-demarcating the existing internal boundaries of existing constituencies, the named respondents “not only acted unlawfully, but they did so unfairly, capriciously, whimsically and in a manner to prejudice and skew the elections in favour of one major political party and against the other.”