A High Court judge is expected to rule, on Wednesday, on an application to postpone the PNM's internal election for 21 days as one of its contenders for the post of political leader, Karen Nunez-Tesheira, and two members of her slate, challenge changes to the party's electoral process.
At a virtual hearing on Monday, Justice Devindra Rampersad heard submissions on the preliminary application for interim relief.
After a little over two hours of submissions, the judge said he will give his decision on Wednesday at 3 pm.
In their breach of contract lawsuit, Nunez-Tesheira, Dr Kenneth Butcher - who is vying for the post of chairman, and Bishop Victor Phillip - who is contesting the post of election officer, are claiming the party's central executive breached the party's constitution by deciding the election should be contested on three separate days over a nine-day period - November 26, 27, and December 4 - instead of on one day.
In his submissions, attorney Egon Embrack, who represents Nunez-Tesheira and the others, said the only body which can change the party's constitution was the annual convention which was not done here.
He referred to article 18(1) of the PNM's constitution, saying it spoke of an election day.
'It doesn't say the days of the election. Even a general election is held on one day. To change that one day to a nine-day period should have been put to the annual convention to effect the amendment.' This, he said, has been the practice since 1956 to present.
'The only way the constitution can be changed is through the annual convention.'
Embrack said the constitution names the convention as the 'supreme authority of the movement' in article 17(4).
'Dr Eric Williams, the party's founder, designated the annual convention as the governing body of the movement.' He also said one example of this type of change to the constitution was when the party's annual convention adopted the one-man, one-vote system.
Embrack said these decisions breached the party's contract with its members, and it was because of this 'unconstitutional decision,' there was an avalanche of issues.
'The elections are skewed and flawed and the claimants do not have a fair chance.'
In his opposition to the application, Senior Counsel Russell Martineau, who represents PNM's general secretary Foster Cummings, said there were issues with some of the orders being sought.
Martineau raised what he said was a 'procedural flaw' with the naming of Cummings as the defendant in his capacity as general secretary and a representative of all members of the PNM, except the three.
He also said by their challenge of the alleged decision to change the election day to election days, they were 'shooting themselves in the foot' as they were suing the membership that could correct what they are complaining of.
Martineau also took issue with the order being sought for the PNM to provide settled final membership lists to candidates.
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