An application filed on behalf of the PPP/C seeking to bar the Guyana Elections Commission (GECOM) from declaring the vote count for Region 4, until it is verified by the relevant parties, as mandated by law, is curently underway in the High Court.
Gecom lawyers, headed by Senior Counsel Neil Boston, are arguing before Chief Justice Roxane George, that the court has no jurisdiction to entertain such an application.
In an almost two-hour long submission, Boston submitted that the issues raised in the political party’s application pertains to questions enunciated under Article 163 (1) of the Constitution of Guyana.
In fact, Boston said that the matters raised in their application can only be raised in an elections petition which has to be filed within 28 days after the results of the elections have been declared by GECOM.
It is Boston’s view that the issues raised in the application point to the fact that a specific illegality was committed in respect to the elections.
Boston added, “They [the applicant] are not without redress if they come by an election petition.”
He said that this method of proceeding provides that the Chief Elections Officer will have to produce certain elections documents in accordance with the National Assembly (Validity of Elections) Act.
In its filings to the court, the PPP/C claims that the vote verification process for Region 4 was stopped and delayed on several occasions, as same was not being done in a fair and transparent manner.
According to the party, on March 4, agents of GECOM began verifying information from a spreadsheet, instead, and in place of Statements of Polls (SoP).
The party added that this process disclosed major discrepancies when compared to the SoP in possession of the various political parties as well as international and local elections observers.
The following day, Region 4 Returning Officer attempted to make a declaration but was stopped after strong objections were raised by the relevant officials.
Against this backdrop, the party, through its lawyers Trinidad-based Senior Counsel Douglas Mendes, and others, argues that the declaration made by the Returning Officer was in breach of the Representation of the People Act, and is unconstitutional, illegal, unlawful, null, void and of no effect.
Senior Counsel Mendes is currently presenting arguments.
