Local Government election ruling in a month

In one month's time, the Court of Appeal is expected to rule on a challenge by social and political activist Ravi Balgobin-Maharaj of Government’s intent to postpone local government elections by one year.

On Tuesday, Justices of Appeal Prakash Moosai, Gillian Lucky and James Aboud reserved their ruling, saying they needed time to consider but would deliver it before the end of the month if not sooner.

Aboud admitted it was a far-reaching and fairly complicated case to consider.

Balgobin-Maharaj is challenging the Local Government Reform Act, which contains amendments to the Municipal Corporations Act.

Passed by a simple majority in 2022, the act allowed local government elections to be delayed by a year, which the government has said it wants to do.

As part of his lawsuit, Balgobin-Maharaj had asked the court to restrain all councillors and aldermen elected in the December 2, 2019, local government elections from acting beyond December 3, 2022.

This was rejected by Justice Jacqueline Wilson in December.

Alternatively, he wanted the offices of all councillors and aldermen declared vacant from December 4. Wilson ruled that the least irreparable harm would be to refuse the injunction because of the range of services provided by aldermen and councillors and the potential impact of their disruption if she granted it.

She said local government corporations played an important role in providing services to the public, and it did not follow that there would be adverse consequences if they were allowed to continue in office beyond the three months after their term ends.

Local government elections were constitutionally due between December 2022 and March 2023, however, the partial proclamation of local government reform legislation allowed for the extension of the terms of councillors and aldermen to four years. Although she refused the injunction, in assessing the merits of Balgobin-Maharaj’s main complaint, Wilson agreed there was a serious issue to be tried.

Representing Balgobin-Maharaj are Anand Ramlogan,SC, Jayanti Lutchmedial, Renuka Rambhajan and Vishaal Sieusarran while Douglas Mendes,SC, Rishi Dass and Anala Mohan appear for the Cabinet and local government minister.

In submissions on Tuesday, Mendes asked the appellate judges to look at Trinidad and Tobago's constitutional backdrop.

"At the end of the day the court has to look at the constitutional arrangements in TT," he said.

He said citizens did not have a constitutional right to vote in local government elections which were governed by secondary legislation.

"My learned friend cannot point to any part of the Constitution which says you have the right to vote in local government elections three years after you last voted," he said.

"He must appreciate that the time for his right to vote is within the hands of the legislature," he said.

In his reply, Ramlogan contended citizens had the right to vote in local government elections since the 1940s and it never changed after Independence and Republican status.

"The structure of our democracy has always been two-tiered. The will of the people is reflected in two places- in the house of representatives and in local government elections."

As he urged the judges to uphold his client's appeal, he said to do otherwise could result in the government also wanting to extend its term in a similar fashion.

"If you sanction this, then you sanction that," he said.