Former Speaker of the National Assembly Ralph Ramkarran says GECOM can easily give approval for a recount of votes under the CARICOM Initiative announced on Saturday.
In a Facebook post yesterday, Ramkarran alluded to concerns that have been raised about whether the Guyana Elections Com-mission (GECOM) could order a recount after the expiration of the statutory provisions for contesting parties to initiate such.
Ramkarran, who was the presidential candidate for A New and United Guyana at the March 2 general elections, said that Section 89 of the Representation of the People Act provides adequate legal cover. It states: “A duly appointed candidate, or counting agent present when the counting or any recount of votes is completed, may request the returning officer to have the votes recounted or again recounted.”
He said that unlike section 84 which also provides for a recount, no time frame is provided for by section 89. Therefore all that is required is a simple, one line request, from the (party) candidate or counting agent for the regions.
Ramkarran, a former member of the Elections Commission, also said that there would be no problem in extending the 15-day timeframe for the declaration of results by GECOM.
“I have been inundated about the 15-day deadline for the declaration of the results of the elections. The 15-day deadline is clearly `directory’ and not `mandatory.’ These are interpretations by courts of the effect of timelines when provided for in legislation. When a timeline is `directory,’ no consequences arise if it is violated. Therefore, swearing in of the President after the 15-day deadline will attract no legal consequences”, he asserted.
He added that Article 162 of the Constitution and sections 4 and 5 of the Representation of the People Act also give full powers to the Commission to order a recount and to extend the 15-day period.
