PPP/C’s Elections Petition to nullify elections results

Acting Chief Justice Ian Chang on Monday heard arguments on the summons filed by Chief Elections Officer (CEO)

Attorney-at-Law Anil Nandlall

Keith Lowenfield, challenging the elections petition that was filed by People’s Progressive Party/Civic (PPP/C) Executive Member Ganga Persaud.
Lowenfield had stated in the summons that the petition does not have sufficient facts to support the claims made. During Monday’s session, the Chief Justice heard Attorney Roysdale Forde, representing Lowenfield, continuing his arguments on the summons filed by his client and cited authorities to support his contention. The matter was heard in Chambers.
Following the session, Forde briefly told reporters that he continued arguments on behalf of the CEO and the matter was adjourned until October 6, when he will continue his submissions.
Meanwhile, Attorney-at-Law Anil Nandlall, representing the petitioner Ganga Persaud, subsequently informed reporters that after Forde completes his submission, the court will call upon him to respond. Nandlall had previously presented all the necessary information required in the petition.
These include facts on the rejected ballots and refusal of the Returning Officer to grant a final general count. “The Petition itself is 13 pages long, it details some 28-odd grounds and the reliefs, which it

GECOM CEO Keith Lowenfield

seeks, are the Statutory Reliefs which are to be sought in any Elections Petition based upon any given facts. So we could not have pleaded anymore than what we have pleaded… Each one of the grounds that were alleged, there are sufficient facts pleaded in support,” the Attorney had outlined.
Asked on Monday about an anticipated timeframe for conclusion of the matter, Attorney Nandlall explained that the matter has a while more before it can be completed. He noted that in addition to the summons filed by the CEO, another was filed by the representative of the A Partnership for National Unity/ Alliance For Change (APNU/AFC) List of Candidates, Professor Harold Lutchman, who is also asking for additional information.
However, Nandlall pointed out that most of the information requested was in the possession of the CEO and the Guyana Elections Commission (GECOM) and as such he has recently filed a summons asking for the release of this information.
“A lot of the information that they are asking for is in the custody of the Chief Elections Officer. Therefore, that summons that I have filed for the production of those documents is very, very essential before the petition can even begin… We will have to dispose of all these interlocutory applications before we can get into the substantive matter, which is the petition,” he explained to reporters.
While Justice Chang continues to hear the summonses, this will impact the substantive elections petition case by delaying it. However, should Justice Chang uphold any of the summonses on the grounds proffered, he can strike out the petition.
In the petition, which was filed on June 24, 2015, the PPP/C member is asking the court to grant a number of orders including the nullification of the May 11th elections as well as an order for new elections to be held.