UNC loses local government election petition – Lengua seat still in stalemate

THE United National Congress (UNC) has lost its challenge of the local government election results for the district of Lengua/Indian Walk. Justice Marissa Robertson dismissed the UNC’s election petition in a notice to the parties.

In her ruling, she said the EBC “acted correctly” in rejecting a disputed special ballot.

“Accordingly, the disputed ballot cannot be counted in the determination of the results for the local government elections. This petition is therefore dismissed.”

The UNC filed the petition on August 21, after two recounts which led to the People’s National Movement (PNM) candidate, Autly Granthume, being announced the winner over the UNC’s Nicole Gopaul-Jones on election night, August 14.

Granthume initially received 1,430 votes compared to Gopaul-Jones’s 1,425. At the end of the first recount, each candidate received 1,428 votes.

However, the returning officer rejected a special ballot in favour of Gopaul-Jones – which would have broken the tie.

Her election agent and counting agent objected, but this was overruled and a second recount was done, resulting in the same deadlocked outcome.

Gopaul-Jones challenged the rejection of the ballot, insisting it was valid and ought to have been counted, which would have led to her being elected and returned as the councillor for the district.

The EBC maintained its reasoning for rejecting the ballot as required by election rules under the Representation of the People Act.

In subsequent correspondence, the EBC claimed Gopaul-Jones’s representative only objected after they realised the recount had ended in a stalemate.

It was the EBC’s position that Gopaul-Jones did not secure the majority of votes after the preliminary count and the two recounts nor was any vote wrongly rejected. It also argued that the special ballot was correctly rejected since it did not have the returning officer’s initial as required by the election rules.

NO CURATIVE PROCEDURE

Robertson said the election rules did not give a returning officer the power to insert initials on a disputed special ballot.

She held it was clear an unaccounted ballot could not be considered as to do so would severely undermine the electoral process.

“It is noted that the framers of the election rules have placed much emphasis on the existence of the initials of the returning officer on the ballot cast by a special elector.”

She said the election rules emphasised the importance of a returning officer’s initials to verify that a ballot was legitimately issued for an election.

“In these proceedings, the parties are in agreement that the ballot in question is a ballot which was cast by a special elector. It is also accepted that the ballot must be initialled to be counted.”

She also said the election rules did not, as the petition contended, provide a “curative procedure” for a returning officer to treat with a special ballot which did not have the initials of the returning officer for the special polling station.

For this to happen, she said it would have to be addressed by the Parliament.

On the petitioner’s argument that the EBC failed to act transparently by “shifting reasons” for rejecting the disputed ballot, the judge said it appeared that the reasons given were “not clearly outlined,” but

However, she said while the commission should have “presented its reasons with a greater degree of precision,” the sole reason given for the rejection of the disputed ballot was the absence of the initial, the petitioner was not prejudiced.

A fresh election was declared for the district after the returning officer declared the election void.

As with all election petitions, if the petitioner is unsatisfied with the High Court’s decision, it can appeal only to the Court of Appeal, as the Privy Council has no jurisdiction over such electoral litigation. Newsday understands an appeal is expected to be filed in the coming days.

In September 2023, a similar petition in the Arima Northeast district was dismissed in the High Court.

Representing the UNC were Anand Ramlogan, SC, Jayanti Lutchmedial, Kent Samlal, Natasha Bisram, Vishaal Siewsaran and Saddam Hosein. The EBC was represented by Deborah Peake, SC, Ravi Heffes-Doon, Alana Bissessar and Stephan Maharaj while the PNM was represented by Michael Quamina, SC.