…PPP filed contempt motion against GECOM despite agreeing to suspend process to allow for studying of court decision
ONE day after the High Court ordered that the addition of Statements of Poll for Region 4 be resumed, the process encountered another stumbling block resulting in it being suspended. However, it is likely to recommence today. And despite a unanimous decision to suspend the proceedings to allow for the correct interpretation of the court’s decision, PPP executive Anil Nandlall has filed contempt proceedings against the electoral body arguing that it flouted the order to recommence the process on Thursday.
In a statement, Guyana Elections Commission (GECOM) Public Relations Officer, (PRO) Yolanda Ward, said that the Returning Officer for Region #4, Clairmont Mingo, at 11:00hrs on Thursday, recommenced the process of adding up the total votes cast per candidate in the General and Regional Elections for his District. She said though Mingo’s actions are in keeping with Chief Justice Roxane George-Wiltshire’s decision, there have been some objections.
“In compliance with the CJ’s orders and Section 84 of the Representation of the People Act, Chapter 1:03, the RO using information from [Statements of Poll] SOPs received by him directly from the Polling Stations has compiled a spreadsheet of the votes cast for each party. However, the methodology presented by the RO was not accepted by the stakeholders present,” Ward explained.
As a consequence, Chairperson of GECOM, Justice (Ret’d) Claudette Singh intervened but had explained that she is in receipt of an Order of Court and not the written judgment. Noting that the CJ’s admonitions are in the written judgment, Justice (Ret’d) Singh said she has been promised a copy of that document before the end of the day. “In this regard, it was suggested that the process be discontinued and recommence when the Chairperson has received and studied the written judgment,” the PRO said. In a separate correspondence, Ward said in light of the written judgment by the Chief Justice, Mingo will resume the tabulation exercise at 09:00hrs today at the Office of the Returning Officer, Ashmin’s Building, High and Hadfield Streets, Georgetown. But while Ward, in the initial statement, contended that the Returning Officer was acting in compliance with the High Court’s ruling and Section 84 of the Representation of the People Act, Opposition-nominated Commissioners, agents aligned to the Opposition and local observers argued the contrary as they stood outside of GECOM’s Command Centre, which houses the Office of the Returning Officer.
Attorney-at-Law, Sase Gunraj, who sits on the Elections Commission, told journalists that Mingo, despite the ruling of the High Court on Wednesday, continues to breach the Representation of the People Act. “In a clear violation of the order of the Chief Justice, what is happening is that the Returning Officer is attempting to force down the throats of the persons, who are lawfully entitled to be there, the use of a spreadsheet,” Gunraj said.
Outraged over the situation, Gunraj explained that Mingo appeared before the agents of the various political parties, observers and GECOM officials and staff with a prepared spreadsheet. He noted that it was the same spreadsheet that the Returning Officer had used to declare the votes cast –a declaration, which has since been nullified by the High Court.
Presidential Candidate for the Liberty and Justice Party, Lenox Shuman said that the ruling handed down by the Chief Justice was very clear. According to him, the High Court ruled that the SOPs are to be used for the addition of the votes in accordance with the Representation of the People Act.
In nullifying the declaration made by the Returning Officer on March 5, the Chief Justice said that the addition of SOPs ought to take place in the presence of persons entitled to be there. However, she was keen on noting that the only official documents that the Returning Officer can consider are the Statements of Poll that have been transmitted to him by the Presiding Officer of the various polling stations pursuant to Section 83. “Any Statements of Poll, in the possession of agents of political parties or others would not be such,” she had made clear.
It was noted that only the Returning Officer can decide on the avenue to be taken to address any objections or concerns. Such decision, the Chief Justice emphasized, is not within the remit of those persons who are entitled to be present, and to do so, would be to usurp the powers and responsibilities of the Returning Officer.
Contempt motion
Guyana Chronicle was told that at the time when Justice Singh intervened all of the parties had agreed for the suspension to allow for the interpretation of the court’s decision including PPP Representative Attorney-at-Law Savitri Sonia Parag. GECOM officials were therefore astonished when they were served with contempt proceedings.
But Nandlall issued the Returning Officer with a Notice of intended Contempt of Court. On behalf of Reeaz Holladar, a private citizen who had secured an injunction to block the declaration of the results, Nandlall reminded that the Chief Justice granted three orders. Those orders include “an injunction restraining the Returning Officer, District 4 from in any manner whatsoever, declaring the votes for each List of Candidates for District 4 before complying with or ensuring the compliance with the process set out in Section 84 of the Representation of the People Act, Chapter 1:03.”
The other, in effect, bars GECOM from issuing a declaration for the General and Regional Elections. He said it is imperative that Section 84 of the Representation of the People Act. Section 84( 1) provides ” … the returning officer shall, in the presence of such of the persons entitled under Section 86(1) to be present as attend, ascertain the total votes cast in favour of each list in the district by adding up the votes recorded in favour of the list in accordance with the Statements of Poll,” Anil pointed out.
It was noted that while GECOM complied with the Section 84, by allowing representatives from the various parties, GECOM officials and observers, the Statements of Polls is the only official document to be used for the tabulation of the returns. Meanwhile, Elections Commissioner, Alexander told Guyana Chronicle that the Returning Officer had taken a decision to allow only one person from each political party, and one representative from each observing missions. He said a commitment was made by the Returning Officer to adhere to the electoral laws.
Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_epaper_03_13_2020