Guyana Chronicle E-paper 01-05-2019

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SATURDAY 5th January, 2019

‘Invalid Vote’ No.105508

… Fixed-date application filed challenging Charrandass’ vote

Former MP Charrandass Persaud

… lawyer cites breach of constitution with dual citizenship

… urges stay in enforcement of resolution declared by clerk By Svetlana Marshall A NEW Amsterdam farmer, through his attorney Rex McKay, S.C, has filed an ‘Urgent Fixed-Date Application’ in the High Court challenging the validity of the vote cast by Charrandass Persaud in the National Assembly on the basis that he breached the constitution by having dual citizenship. The application was filed on Friday in the High Court around 14:30hrs, one day after Speaker of the National Assembly Dr. Barton Scotland announced that he will not revisit his December 21, 2018 ruling that a vote of no- confidence against the government was carried by a one-seat majority vote. Persaud, a government Member of Parliament at the time, had crossed the floor to give the opposition an edge over the government – a situation which resulted in a controversy on what constitutes an absolute majority and the validity of Persaud’s membership in the House. For the Speaker, it was for the court to provide “full, final and complete settlement” of the issues. On Friday, Compton Herbert

Reid, the applicant, of 267 Errol’s Ville, Vryman’s Erven, New Amsterdam, Berbice, turned to the court and asked that it issue seven declarations and two orders, setting aside the order of the Speaker that the no-confidence motion, Resolution No. 101 was passed, and staying the enforcement of Resolution No. 101 declared by the Clerk of the National Assembly. A conservatory order preserving the status quo and that the government remains in office until the hearing and determination of the reliefs, was also sought. Dr. Barton Scotland; former Member of Parliament, Charrandass Persaud; and the Attorney General Basil Williams are the named respondents in the matter. McKay, on behalf of his client, is asking the High Court to issue a declaration that the second respondent Charrandass Persaud, was not qualified for election as a member of the National Assembly by virtue of his own act and acknowledgement of allegiance, obedience and adherence to a foreign power in contravention of Article 155 (1) (a) of the Constitution of Guyana. Article 155 (1) (a) of the Con-

stitution states: “No person shall be qualified for election as a member of the National Assembly who – (a) is, by virtue of his or her own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state.” Persaud on April 2, 2015, had signed and swore to a “Statutory Declaration of a Candidate Named in a Candidate List,” “Form 3”, consenting to his inclusion on the A Partnership for National Unity + Alliance For Change (APNU+AFC) List of Candidates for the geographic constituency of Region No. 6. As part of that declaration, the See page 3


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