The members of the Bartica Neighbourhood Democratic Council (NDC) have moved to the courts to reverse the dissolving of the council saying that the installation of an Interim Management Committee was illegal.
In court documents prepared by attorney at law Clifton Mortimer Llewellyn John, former Chairman Gerald Joseph along with committee members Richard Williams; Veronica Charles and Terrence Emanuel Nedd were named as plaintiffs while Local Government Minister Ganga Persaud and the Attorney General were listed as the defendants.
According to the court documents which were filed last Friday, the Bartica NDC is a local democratic organ within the ambit of the Local Democratic Organs Act, 1980. It is also a local authority as adumbrated in the Municipal and District Councils Act, Chapter 28:01.
The plaintiffs according to the documents are seeking a declaration of voidance of the order on May 15, 2010 made by Persaud purporting to dissolve the Bartica NDC as well as a declaration that the installation of the IMC of the Bartica NDC is null, void and contrary to law.
Damages in excess of $50, 000 is also being sought for malfeasance and breach of statutory duty.
An enquiry into the operations of the Bartica Neighbourhood Democratic Council (NDC) in March by the Ministry of Local Government and Regional Development saw residents speaking largely in favour of the NDC and calling instead for local government elections.
However last month the Ministry dissolved the NDC and appointed an IMC.
APNU’s spokesman on Local Government and Regional Development, Ronald Bulkan, when asked whether the party would work with the IMC, had said that it was not a legitimate stakeholder and according to him, was “illegally and illegitimately” installed. “The IMCs that were installed without proper consultations are illegitimate bodies,” he insisted.
The government has been holding enquiries on NDCs and has replaced some with IMCs in recent times and APNU has been speaking out against the “surreptitious” removal of NDCs and installation of IMCs in several areas.
Meanwhile John moved to the court seeking to stop the minister from dissolving the Mayor and Councillors of Georgetown.
In the court documents Ranwell Jordan and Gladston George were named as the plaintiffs while Persaud and the AG were listed as the defendants.
It was noted that the plaintiffs were seeking a declaration that a proposed dissolution of the Mayor and Councillors of Georgetown will be unjust, illegal and contrary to law; an injunction restraining the defendants, their averments and or agents all or any of them from dissolving the Mayor and Councillors of Georgetown; an injunction restraining the defendants their servants or agents from depriving the plaintiffs and a writ of prohibition against Persaud prohibiting him from dissolving the Mayor and Councillors of Georgetown.
