By Prior Beharry
THE Court of Appeal has dismissed the case of political activist Ravi Balgobin Maharaj who was trying to prove the postponement of local government election for one year was unconstitutional.
In a unanimous decision Justices of Appeal Prakash Moosai, Gillian Lucky and James Aboud dismissed Maharaj’s appeal against the Cabinet and Rural Development and Local Government Minister Faris Al-Rawi.
Maharaj had claimed in his lawsuit that the Minister of Rural Development and Local Government was wrong to proclaim certain sections of the Miscellaneous Provisions (Local Government Reform) Act that sought to increase the term of local government councillors from three to four years.
After the last local government elections, the terms of councillors were to end in December last year and therefore elections were due before March this year.
Al-Rawi proclaimed an amendment to the legislation extended the term of councillors and aldermen by one year.
In the ruling, Justice Moosai said the constitutional right to vote only applied to general elections and not local government elections.
He said citizens did not have the right to vote in local government elections within three months of the term of elected representatives ending as was the case with general elections.
Local government elections, he said, were governed by the Municipal Corporations Act, which was amended by the legislation under challenge in the case.
Agreeing with his two fellow appellate judges Justice Aboud gave his views on the ability of the Cabinet to proclaim and operationalise portions of the legislation.
He said the legislation passed by Parliament did not provide a provision precluding partial proclamation.
Justice Aboud said, “While Ravi Balgobin Maharaj might be unhappy with this, the fact is the will of Parliament is supreme.”
He added, “We must respect the will of parliamentarians.”
Balgobin Maharaj has signalled his intention to appeal.
In a release after the ruling, the Office of the Attorney General stated, “In dismissing Mr Balgobin Maharaj’s appeal, the Court of Appeal has validated the position of the Government on this issue, that is, that Local Government elections are not due to be held by 3rd March, 2023.”
Douglas Mendes, SC, and Rishi Dass represented the Cabinet and Al-Rawi while Anand Ramlogan, SC, Jayanti Lutchmedial, Renuka Rambhajan, Robert Abdool-Mitchell, Natasha Bisram, and Vishaal Siewsaran appeared for Balgobin-Maharaj.
