GOVERNMENT has been given until November 14 to reverse a decision to seek a legislative amendment postponing the local government elections by up to one year.
Activist Ravi Balgobin-Maharaj issued a pre-action protocol letter on Monday to Government through former attorney general Anand Ramlogan’s Freedom Law Chambers.
The letter is titled: “Proposed Application for Leave to Apply for Judicial Review between Ravi Balgobin Maharaj v The Cabinet of the Republic of Trinidad and Tobago and the Minister of Rural Development and Local Government.”
Government has up until 4 pm on November 14 to rescind the decision or otherwise an application will be filed for leave to apply for judicial review in the High Court.
The pre-action protocol letter states that claimant Balgobin-Maharaj, part of the electorate of Maracas/Santa Margarita has been “personally aggrieved” by any decision resulting in him being unable to exercise his constitutional right to vote in the local government election citing his grievances with present the present local government councillor for his district.
The First Proposed Defendants are Prime Minster Dr Keith Rowley as head of the “Cabinet” of Trinidad and Tobago and the second, Attorney General Reginald Armour and Minister of Rural Development and Local Government Faris Al-Rawi.
The letter states, “In the circumstances and having regard to the time-sensitive nature of this matter, we have abridged the time for a response to this letter. We, therefore, seek your prompt response on or before 4 pm on Monday 14th November 2022, failing which, we have been instructed to file, as a matter fit for urgent hearing, our client’s application for leave to apply for judicial review in the High Court of Justice.”
Last Thursday, Minister of Local Government Faris Al-Rawi announced that under the Miscellaneous Provisions (Local Government Reform) Bill 2020, the terms of all councillors and aldermen currently in office will end on December 3, 2023 which was the start of the local government reform journey.
Local government elections were constitutionally due on December 3, 2022, or up to a three-month period thereafter.
According to the letter, Balgobin-Maharaj will contend:
• tThat the decision was in any way unauthorised or contrary to law”, as well as excess of jurisdiction
• Abuse of power; fraud, bad faith, improper purpose or irrelevant consideration;
• Conflict with the policy of the Municipal Corporations Act;
• Error of law, whether or not apparent on the face of the record;
•Breach of or omission to perform a duty;
•Deprivation of a legitimate expectation and, an exercise of a power in a manner that is so unreasonable that no reasonable person could have so exercised the power.
