Acting Chief Justice, Ian Chang has ordered the Amerindian Affairs Minister Pauline Sukhai to show why new elections should not be held for the Orealla/Siparuta village council.
Minister Sukhai has been ordered to declare the disputed village council elections invalid and to set a date for new elections, unless cause is shown as to why the court order should not be made absolute.
Villager John King had alleged fraud during the process and had previously written Minister Sukhai about irregularities during the process. The Minister’s dismissal of claims about the electoral process resulted in the High Court action. King, who was seeking to contest the position of Toshao/Captain, initiated legal proceedings through his attorney, Khemraj Ramjattan. King contends that arrangements were made to exclude him from contesting the elections, and that his name was left off the elections ballot papers.
Chief Justice Chang issued an additional order last week after hearing King’s application. He also called on the Minister to show why her decision to dismiss King’s complaint and to uphold his disqualification and ineligibility to contest the post of Toshao/Captain of Orealla/Siparuta village council elections on April 28, 2009 should not be quashed.
In court documents filed, King said that many preliminary requirements for the holding of the April elections were not satisfactorily met, adding that he had queried the issues with the then Toshao. Among issues he raised were that the electoral list was not displayed at the Village Council’s Office 60 days prior to the elections as required and that the 35 days notice before the election was also not met. He said too that they were only informed several days before the elections [on April 16] that it was scheduled for April 28.
According to King, his name was initially left off the list when it was first posted. Subsequent to this, King said that his nomination was also challenged on the day preceding the elections, but was upheld by the Returning Officer, Zulficar Mustapha, Chairman of Region Six after he related his residence status.
However, he was later deemed ineligible and was disqualified from contesting the elections by Regional Vice-Chairman Dennis Deroop, resulting in his name being taken off the list. This, he said, followed a charge by his challenger that he was not resident in the area for three years immediately prior to nomination day.
Following the elections, King complained in writing to Amerindian Affairs Minister. He said that the Minister took three months to decide on the matter but later dismissed his complaint concerning “the irregularities, fraud, and prejudicial conduct of the Returning Officer committed prior to and on the day of the Elections for Councillors and Toshao for the Orealla/Siparuta Village Council held on 28th April, 2009.”
