Injunction granted to stop declaration of unverified election results

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Former Member

Injunction granted to stop declaration of unverified election results

Mar 06, 2020 News, Source - Kaieteur News Online, https://www.kaieteurnewsonline...-unverified-results/

People’s Progressive Party/Civic (PPP/C) Executive Anil Nandlall has secured an injunction in the High Court to restrain officials of the Guyana Elections Commission (GECOM) from declaring the results of the 2020 elections, unless the electoral process as prescribed by law is compiled with. The law in question provides for among other things, a verification of the election results.

PPP/C Executive Anil Nandlall

GECOM’s CEO Keith Lowenfield

Returning Officer (RO) of District Four, Clairmont Mingo

The injunction granted by Justice Navindra Singh in the civil jurisdiction of the High Court was to be served on officials at the GECOM Command Centre, Hadfield Street, Georgetown.

According to the document, failure to comply with the Court order could result in the parties being held in contempt of court. The parties may also be liable to a term of imprisonment and have their assets confiscated.

Nandlall arrived at the centre around 15:00hrs (3:00 pm) yesterday, in the company of two court marshals. He was however unable to serve the writ, since the officials to receive them were nowhere to be found.

The injunction issued in accordance with Section 84 of the Representation of the People Act restrains GECOM either by itself, its servants and/or agents, and each and every one of them, from in any manner whatsoever, declaring the total number of valid votes of electors for each list of Candidates recorded in the Guyana National and Regional Elections 2020.

It stated further that no declaration by GECOM must be made until and unless the Returning Officer (RO) Clairmont Mingo, Election District Number Four in Guyana and the Chief Elections Officer Keith Lowenfield, comply with and ensure the compliance of the process set out by the provision letter and spirit of section 84 of the Representation of the People Act, Cap 1:03, Laws of Guyana.

According to the documents seen by Kaieteur News, the applicant, Reaz Holladar made an oral application at the High Court for judicial review.
The move came after apparent attempts earlier by Mingo to declare the results for Region Four, even though there had been an agreement between the PPP/C and GECOM for a further verification, following a dispute over the authenticity of data.

Former Member

REPRESENTATION OF THE PEOPLE ACT

An Act to make provision for the election of members of the National Assembly under a system of Proportional Representation and for purposes connected therewith.

(25TH, SEPTEMBER, 1964)

Guyana Electoral Law

PART IX

COUNTING OF VOTES POLLED

84.

1. Subject to the provisions of this Act, the votes cast at the polling places in each district shall be counted by the returning officer of that district in accordance with the provisions of this Part.

2. If the Chief Election Officer is satisfied that it is necessary or expedient in the interests of the carrying out of the provisions of this Part with due despatch or security he may, by notice published in the Gazette, direct that for the purposes of the counting of the votes the returning officers of districts specified in the notice shall count the votes for their respective districts at a place appointed by the said notice and this Act shall have effect accordingly.

3. Where the Chief Election Officer has given a direction pursuant to subsection (29)

a. he may designate one of the returning officers of the districts specified in the notice to exercise general direction and supervision over the counting of votes at the place so appointed;

b. references in this Part to election officers, duly appointed candidates and counting agents shall have effect as if they included references to such persons appointed in respect of any of the districts in respect of which the direction applies.

===================

Subsection 29

REPRESENTATION OF THE PEOPLE ACT

29.

1. The Minister may by notice published in the Gazette specify divisions or groups of divisions to which subsections (2) and (3) shall apply:

2. An elector whose name appears on the official list of electors of a division which is one of a group of divisions specified by the Minister by notice under this section may vote at any polling place in that group of divisions.

3. An elector whose name appears on the official list of electors of a division which is specified by the Minister by notice under this section may vote at any polling place in that division.

4. An elector who, in the district in which his address as entered in the official list of electors affixed under section 34(2)(a)(iv) is situate is employed as an election officer, member of the Police Force or of the Guyana Defence Force for a purpose connected with the election at a polling place other than that where his name is displayed under section 28 may vote at that polling place if, not later than the day before election day, he obtains from the returning officer of that district a certificate under his hand, in Form 4, authorised name of the elector, the number of his identity paper and the fact that he is to be so employed.

3/6/2012:47 AM

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Injunction granted to stop declaration of unverified election results

Guyana Electoral Law

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