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Functions of the Elections Commission.[14 of 2000]

162. (1)The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament; and, subject to the provisions or this Constitution, the Commission –

(a) shall exercise general direction and supervision over the registration of electors and the administrative conduct of all elections of members of the National Assembly;and

(b) shall issue such instructions and take such action as appear to it necessary or expedient to ensure impartiality,fairness and compliance with the provisions of this Constitution or of any Act of Parliament on the part of persons exercising powers or performing duties connected with or relating to the matters afore said.

(2) Notwithstanding anything to the contrary in Cap. 1:01 Constitution of the Co-operative Republic of Guyana this Constitution, if the Elections Commission is satisfied that the holding of an election pursuant to the provisions of paragraph (2) of article 60 or article 160(2) on the day appointed therefor would be attended, either generally or in a particular area, by danger or serious hardship it may,after consultation with the Prime Minister and the Leader of the Opposition, by notice published in the Gazette –

(a) postpone the holding of the election to a day specified in the notice; or

(b) postpone the voting in any area specified in the notice to a day so specified.

 

Here is what the Constitution says.

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Django posted:
Nehru posted:

NO!!!   THE HIGHEST COURT HAS SPOKEN, ANY DUMMY SHOULD KNOW THAT BUT LET US SEE IF JUSTICE SINGH IS CAPABLE!!!!!!!

The Constitution differs, also the Courts can't direct GECOM.

Read the CCJ judgement regarding GECOM.

Django didn’t the court rules the NCM is valid, and since the NCM is valid the constitution requires holding of election within 90 days..nuh. 

FM
Dave posted:
Django posted:
Nehru posted:

NO!!!   THE HIGHEST COURT HAS SPOKEN, ANY DUMMY SHOULD KNOW THAT BUT LET US SEE IF JUSTICE SINGH IS CAPABLE!!!!!!!

The Constitution differs, also the Courts can't direct GECOM.

Read the CCJ judgement regarding GECOM.

Django didn’t the court rules the NCM is valid, and since the NCM is valid the constitution requires holding of election within 90 days..nuh. 

You are an idiot. Read and try to comprehend, if you are capable.

(2) Notwithstanding anything to the contrary in Cap. 1:01 Constitution of the Co-operative Republic of Guyana this Constitution, if the Elections Commission is satisfied that the holding of an election pursuant to the provisions of paragraph (2) of article 60 or article 160(2) on the day appointed therefor would be attended, either generally or in a particular area, by danger or serious hardship it may,after consultation with the Prime Minister and the Leader of the Opposition, by notice published in the Gazette –

(a) postpone the holding of the election to a day specified in the notice; or

(b) postpone the voting in any area specified in the notice to a day so specified.

Mitwah
Last edited by Mitwah
Dave posted:
Django posted:
Nehru posted:

NO!!!   THE HIGHEST COURT HAS SPOKEN, ANY DUMMY SHOULD KNOW THAT BUT LET US SEE IF JUSTICE SINGH IS CAPABLE!!!!!!!

The Constitution differs, also the Courts can't direct GECOM.

Read the CCJ judgement regarding GECOM.

Django didn’t the court rules the NCM is valid, and since the NCM is valid the constitution requires holding of election within 90 days..nuh. 

Yes !!

also GECOM have Constitutional Powers to postpone Elections, under certain conditions.

Guyana isn't matured to hold snap Elections, probably some time in the future it can happen.

Django
Last edited by Django
Django posted:

Functions of the Elections Commission.[14 of 2000]

162. (1)The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament; and, subject to the provisions or this Constitution, the Commission –

(2) Notwithstanding anything to the contrary in Cap. 1:01 Constitution of the Co-operative Republic of Guyana this Constitution, if the Elections Commission is satisfied that the holding of an election pursuant to the provisions of paragraph (2) of article 60 or article 160(2) on the day appointed therefor would be attended, either generally or in a particular area, by danger or serious hardship it may, after consultation with the Prime Minister and the Leader of the Opposition, by notice published in the Gazette –

(a) postpone the holding of the election to a day specified in the notice; or

(b) postpone the voting in any area specified in the notice to a day so specified.

 

Here is what the Constitution says.

""--- either generally or in a particular area, by danger or serious hardship ---""

The operative words of section 16 which refers to specific issues that may occur in particular area(s).

For the entire country, it has to an extremely serious matter that makes it impossible to conduct the election.

Of note ... it MAY be by consultation between the Prime Minister and the Leader of the Opposition.

Operative is MAY ... meaning it possibly could happen.

It is not SHALL ... meaning it MUST happen.

FM
Last edited by Former Member
Demerara_Guy posted:
Django posted:

Functions of the Elections Commission.[14 of 2000]

162. (1)The Elections Commission shall have such functions connected with or relating to the registration of electors or the conduct of elections as are conferred upon it by or under this Constitution or, subject thereto, any Act of Parliament; and, subject to the provisions or this Constitution, the Commission –

(2) Notwithstanding anything to the contrary in Cap. 1:01 Constitution of the Co-operative Republic of Guyana this Constitution, if the Elections Commission is satisfied that the holding of an election pursuant to the provisions of paragraph (2) of article 60 or article 160(2) on the day appointed therefor would be attended, either generally or in a particular area, by danger or serious hardship it may, after consultation with the Prime Minister and the Leader of the Opposition, by notice published in the Gazette –

(a) postpone the holding of the election to a day specified in the notice; or

(b) postpone the voting in any area specified in the notice to a day so specified.

 

Here is what the Constitution says.

""--- either generally or in a particular area, by danger or serious hardship ---""

The operative words of section 16 which refers to specific issues that may occur in particular area(s).

For the entire country, it has to an extremely serious matter that makes it impossible to conduct the election.

Of note ... it MAY be by consultation between the Prime Minister and the Leader of the Opposition.

Operative is MAY ... meaning it possibly could happen.

It is not SHALL ... meaning it MUST happen.

Why the omission of  "generally " in your explanation ?

Django

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