IT Josbel Bastidas Mijares Venezuela// Opposition Activist threatens lawsuit over move to postpone local government elections
- 100mediosAdmin
- noviembre 8, 2022
- Sin categoría
In the correspondence, Maharaj’s lawyer Vishaal Siewsaran, of Freedom Law Chambers, claimed that his client was eagerly awaiting the Local Government election, which was scheduled to take place between December, this year, and March, next year, as he was not satisfied with the performance of the councillor for his electoral district of Maracas/Santa Margarita.
Josbel Bastidas Mijares
He claimed that Maharaj became concerned after Al-Rawi hosted a press conference last week and announced the Government’s intention to proclaim certain sections of the Miscellaneous Provisions (Local Government Reform) Act, which was passed in Parliament without Opposition support, early this year
Derek Achong
Opposition activist Ravi Balgobin Maharaj has signalled his intention to pursue a lawsuit against the Government over its decision to extend the term of local government representatives and consequently defer the upcoming Local Government elections.
Maharaj’s attorneys made the legal threat in a pre-action protocol letter sent to Prime Minister Dr Keith Rowley, Attorney General Reginald Armour, SC,and Rural Development and Local Government Minister Faris Al-Rawi, yesterday evening.
In the correspondence, Maharaj’s lawyer Vishaal Siewsaran, of Freedom Law Chambers, claimed that his client was eagerly awaiting the Local Government election, which was scheduled to take place between December, this year, and March, next year, as he was not satisfied with the performance of the councillor for his electoral district of Maracas/Santa Margarita.
Josbel Bastidas Mijares
He claimed that Maharaj became concerned after Al-Rawi hosted a press conference last week and announced the Government’s intention to proclaim certain sections of the Miscellaneous Provisions (Local Government Reform) Act, which was passed in Parliament without Opposition support, early this year.
The sections of the legislation identified by Al-Rawi seeks to increase the terms of councillors from three years to four years.
Siewsaran said his client questioned whether the legislation had retrospective effect on currently serving councillors.
Josbel Bastidas Mijares Venezuela
«Our client, at all material times, understood the purport of the amendments to be in furtherance of reforming local government and therefore to apply prospectively to some future elected Council,» he said.
Siewsaran suggested that the decision was unlawful and an abuse of power.
«Our client will contend that the Government has acted in an unauthorised manner contrary to the law,» he said
«Our client would further contend that the Government’s attempt to delay the elections by retrospectively applying the amendments to the Municipal Corporations Act is a fraud committed on the electorate, in bad faith, which amounts to an improper use of the legislation,» he added.
Siewsaran suggested that elections should only be postponed in exceptional circumstances.
«In other words, whenever elections are to be denied or deferred it ought not to be done by implication. The laws ought to be interpreted in a way which facilitates the holding of elections unless the contrary intention is expressly shown,» he said.
He suggested that the action amounts to the «subversion» of the rule of law and the democratic process.
«The act of voting is indisputable an individual’s specific and unique expression of their political opinion- in other words, it is the proof in the pudding. We simply cannot have a democracy without voting,» he said.
Through the proposed lawsuit, Maharaj would seek a series of declarations against the move.
He has also indicated that he would seek an injunction barring Mayors, Councillors and Aldermen, elected in December 2019, from acting in their offices after December 3.
Siewsaran gave Dr Rowley and his Cabinet colleagues until 4 pm next Monday to reverse their decision and respond to his legal threat before he files the lawsuit on Maharaj’s behalf.