Caption: A voter at Charlieville Presbyterian School asks for help with his polling card during LGE 2023. AZP News/Azlan Mohammed
By Prior Beharry
THERE will be a bye-election in the Lengua/Indian Walk local government district.
This after the Court of Appeal on Tuesday upheld a decision by Justice Marissa Robertson on her interpretation of the election rules under the Representation of the People Act (ROPA) in January.
The election petition was filed by Denecia Natalia Gopaul-Jones who challenged a spoilt ballot for the Lengua/Indian Walk after the 2023 Local Government Elections (LGE).
The Election and Boundaries Commission (EBC) official result was that the People’s National Movement (PNM) Autly Llewlyn Granthume and the United National Congress (UNC) Nicole Gopaul-Jones each ended with 1,428 votes.
But, the UNC wanted a rejected special ballot to be counted. This ballot did not bear the initials of the returning office. The Court of Appeal comprising Justices of Appeal Charmaine Pemberton, Vasheist Kokaram and Carla Brown-Antoine ruled that the ballot in question could not be counted because it did not have the returning officer’s initial.
Justice Robertson had ruled that the ballot be rejected and dismissed the claim by Gopaul-Jones. The appeal court agreed with the trial judge that there is no curative power under the election rules.
In his judgement, Justice Kokaram said, “The real issues facing the electoral district of Lengua/Indian Walk while it is without a governing body should resonate with all those affected by the results of the polls. However there may be meaning yet for the electors and the participants in this race for governance in a tie. If enfranchisement is to be meaningful and results of the exercise of the franchise respected, there is yet still the possibility that the electors whose votes result in a tie is signalling a collective desire to see or accept joint leadership.
“While no doubt parties will try to wrestle each other at another poll to determine a new political victor as required by the Election Rules, there may be a time yet in our participatory democracy that the will of the people in legitimate results of deadlock can produce a positive transformation of governance in exploring ways of effecting methods of power-sharing for the benefit of all peoples in the district, reaching over political divides.”
Agreeing with him, Justice Pemberton said, “Further, and in keeping with clear principles that govern the role of an election court, neither the trial judge nor this court has the jurisdiction to deem a non-conforming special ballot or put another way, a special ballot that did not satisfy the requirements of the Rules, as valid.”
Appearing for Gopaul-Jones were Anand Ramlogan, SC, leading Kent Samlal, Saddam Hosein and Vishaal Siewsaran and instructed by Natasha Bisram.
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