Henry Smith was sworn in as Mayor of Mabaruma by President David Granger yesterday but he will be unable to function in that capacity as Justice Diana Insanally has granted an interim order quashing the controversial appointment which had been made by Minister of Communities Ronald Bulkan on Tuesday.
This is one of several interim orders that the PPP/C applied to the High Court for, after expressing disapproval with decisions made by government with respect to the Mabaruma Township and five Neighbourhood Democratic Councils (NDC) where there was a tie in the number of seats awarded to the government and the PPP following the just concluded Local Government Elections (LGE).
Justice Insanally granted orders quashing the appointments of chairmen and vice chairmen for the Woodlands-Bel Air, Malgre Tout-Meer Zorgen, Gibraltar-Fyrish, Industry-Plaisance and Woodlands-Farm NDCs.
In court documents filed by Attorney at Law Anil Nandall on behalf of PPP Executive Secretary, Zulfikar Mustapha, Justice Insanally ordered that Bulkan’s decision to select Smith as Mayor be quashed on the grounds that the decision “is contrary to and in violation of Municipal and District Councils Act, Cap. 28:01, is in excess of and without jurisdiction, made in bad faith, is unreasonable, arbitrary, capricious, based upon irrelevant and improper considerations, mala fide, malicious, vindictive, unlawful, ultra vires, null, void and of no legal effect”.
Mustapha is basing his arguments on three sections of the Act.
Section 13 (5) which states “If there are two or more candidates for election as Mayor, the Town Clerk shall take the votes of the persons who are entitled to vote at and are present at the meeting and shall declare the candidate who secures the greatest number of votes to be elected; and, if, the Mayor having been elected, there are two or more candidates for election as Deputy Mayor, the Mayor for the ensuing year shall declare the candidate who secures the greatest number of votes to be elected”
Section 13 (6) which states “If there is no election under subsection (5) on account of an equality of votes the Town Clerk shall appoint a day not later than the 28th December in the same year for the election of the Mayor from among such candidates by the voters whose names appear on the register of voters for the time being in force for the City”
Section 13 (8) which states “Where by reason of an equality of votes cast at the election by the voters no person is elected Mayor the Minister shall select one of the councilors receiving the greatest number of equal votes to be Mayor”.
Justice Insanally also granted an order directed to Smith and Deputy Mayor Astrille Gamell restraining them from performing their respective functions.
Orders were granted quashing the decision of the Town Council to select any or all committees on the grounds that that decision violated the Act and was unreasonable and compelling the Town Clerk (ag) to appoint a day for the selection of a Mayor.
Nandlall told Stabroek News last evening that the orders were granted around 2:30 PM, a mere half an hour before the start of the swearing in ceremony. The ceremony was held at the Ministry of Presidency and along with the officials from the other eight townships Smith and Gamell took the oath of office. No member of the PPP was present. Later asked to respond to the controversy surrounding his appointment, Smith told Stabroek News that he preferred not to comment. “I prefer not to answer that question”, he said.
Mustapha in his affidavit in support of motion said that based on the results declared by the returning officer both parties were allocated six seats. He said that he was informed by PPP/C Councilor Vibert Emanuel that at a meeting summoned by the Town Clerk (ag) on April 2 for the purposes of electing a Mayor there was no election on account of the equality of votes in favour of the two candidates. As a result the meeting was adjourned.
The affidavit stated that three days later there was another meeting which produced the same result. Subsequently the Town Clerk (ag) announced a 15-minute recess to contact Bulkan.
“Shortly, thereafter, the Town Clerk (ag) resumed the meeting and informed that Ronald Bulkan, Minister of Communities, had selected Rupert Henry Smith as the Mayor of the Municipality of Mabaruma”, the affidavit said adding that the PPP/C Councilors did not attend the meeting when it resumed. Smith, it was stated then assumed the role of Chairman of the meeting and held an election for Deputy Mayor during which Gamell was selected.
The document said that the six APNU+AFC councilors then proceeded to nominate and elect members of the Finance Committee. “…it is clear that Ronald Bulkan, Minister of Communities, the Town Clerk (ag) and the 6 Councilors of the APNU+AFC flouted, ignored and contravened the provisions of the Municipal and District Councils Act, Cap. 28:01…and their actions are therefore without jurisdiction, made in bad faith, are unreasonable, arbitrary, capricious, mala fide, malicious, vindictive, unlawful, ultra vires, null, void and of no legal effect”, Mustapha said.
Meanwhile similar arguments were advanced in the applications regarding the NDCs.
In the first, Justice Insanally granted an order quashing the selection of Carol Nurse as Chairman and Wilbert Vyphuis as Vice Chairman of the Woodlands-Bel Air NDC. Orders were also granted preventing them from acting as or performing those functions; quashing the decision of the said council made on April 5 electing a chairman and vice chairman and compelling the overseer to appoint a day for the electing of persons for those two posts.
The second matter involves Peter Livingstone and Royan Junior Thomas as the Chairman and Vice Chairman respectively of Malgre Tout-Meer Zorgen NDC; Kervin Crawford Chairman and Vice Chairman Gail Thomas of the Gibralter-Fyrish NDC; Aubrey Thomas, Chairman of the Industry-Plaisance NDC and Gershon Charke, the Chairman of the Woodlands-Farm NDCs.
In each of the writs concerning the NDCs, Mustapha in his affidavit in support of the motion said that he was informed about the process of electing the officials by a PPP councilor. Each process ended in deadlock because of the equal number of votes. A 15-minutes recess was called and upon resumption it was announced that Bulkan has made the selections, the documents said.
Bulkan has been ordered to show because why the orders to quash the appointment of these persons should not be made absolute. The matters have been adjourned to April 20 at 9 am.
