High Court rules Berbice Cricket Board election illegal

Dec 20, 2017 Sports, https://www.kaieteurnewsonline...rd-election-illegal/

Current Body deemed unlawful, disbanded and new elections ordered

The Berbice High Court has ruled that the Elections held on the 8 October at the Classic Hotel on The Corentyne was illegal.  The matter was heard before Justice Navendra Singh.

The matter was bought by long serving cricket administrators Albert Smith in his capacity as President of the Guymine Sports Club. Desmond Conway in his capacity as Vice President of the Fort Canje Hospital Club and Jaipersaud Hardeo in his capacity as Treasurer of the Mount Sinai Cricket Club as the applicants.
The respondents were Direndranauth Somwaru, Imtiaz Bacchus, David Black, Winston Roberts, Vickram Seubarran, Carol Nurse, Godwyn Allicock, Leslie Solomon, Anand Sanasie Secretary of the Guyana Cricket Board and Drubahadur Returning Officer. They were also sued in the personal capacity.
The applicants were seeking:
A declaration that the elections of Office Bearers at the Annual General Meeting of the Berbice Cricket Board of Control held on 8th October, 2017 is unlawful, null, void and of no effect being in contravention of Schedule III of the Guyana Cricket Administration Act.
A declaration that the elections of Office Bearers at the Annual General Meeting of the Berbice Cricket Board of Control held on 8th October, 2017 is unlawful, null, void and of no legal effect as the entire election process was fundamentally flawed, unfair and undemocratic.
A declaration that the prevention of the duly authorised persons from the Fort Canje Hospital Club, Rose Hall Community Centre Club, Guymine Sports Club, Mount Sinai Cricket Club and the Kildonan Cricket Club from attending the Annual General Meeting held on 8th October, 2017 was unlawful being contrary to Schedule III of the Guyana Cricket Administration Act and the Order of Court dated 5th October, 2017.
That the purported nomination of Drubahadur as the Returning Officer for the said elections was unlawful as the said nomination was not put to a vote of the member clubs present at the said elections.
That the attendance, voting and participation of persons purporting to represent the Fort Canje Hospital Club, Rose Hall Community Centre Cricket Club, Mount Sinai Cricket Club and the Kildonan Cricket Club was unlawful, null and void and contrary to Schedule III of the Guyana Cricket Administration Act.
The decision by the Returning Officer to immediately close nomination for the post of President of the Cricket Board of Control after Somwaru was nominated was manifestly unfair thereby rendering the election process undemocratic and against the rules of fairness.
That the refusal by the Returning Officer to accept other nominations for the post of President of the Berbice Cricket Board of Control was manifestly unfair thereby rendering the election process undemocratic and against the rules of fairness.
The decision by Somwaru, Allicock and Sanasie to prevent Mr. Hilbert Foster, a potential candidate for the post of President, from entering the Annual General Meeting was unlawful, unfair and was done with the clear intention to influence the outcome of the election and to ensure that there would be no other candidate for the post of President other than Somwaru.
The participation of the Sanasie at the elections held on 8th October, 2017 was improper and unauthorized, same not being sanctioned by Schedule III of the Guyana Cricket Administration Act.
The conduct of Somwaru, Allicock and Sanasie rendered the entire election process manifestly unfair, unlawful and contrary to Schedule III of the Guyana Cricket Administration Act.
The election of Somwaroo is unlawful being contrary to Schedule III of the Guyana Cricket Administration Act and the rules of fairness.
Justice Singh in his ruling stated that: Upon reading the application and upon hearing the attorneys at law for both sides the court declared that the elections of Office Bearers at the Annual General Meeting of the Berbice Cricket Board of Control held on 8th October, 2017 is unlawful, null, void and of no legal as the entire election process was fundamentally flawed, unfair and undemocratic.
The court further ruled that a new election for the office bearers of the Berbice Cricket Board of Control is to be held on a date as set by the court in January 2018.
Another order was that the Returning Officer at that Election is to be selected by the members present.
An order was granted that all eligible representative of the clubs and associations listed in schedule 111, section 4 of the Cricket Administration Act be submitted to the Court by January 5th 2018.
It was further ordered that the said representatives submitted to the court shall, after verification and approval by the court, be the delegates/ representatives who will represent the said clubs and associations at the elections to be held in January 218 for office bears of the Berbice cricket Board of Control.
The court further ordered that all clubs and associations intended to participate in the said elections must pay their annual dues by January 16th 2018 to Ms. N Noble at the Berbice Cricket Board Office.
It was also ordered that nothing should be construed as hindering or affecting the general administration of cricket in Berbice until the elections are held.
Attorneys at law Mr. Gossai for the applicant and Ford for the respondents have been tasked with delivering a copy of the court’s order to the respective clubs and associations.