The fallout over the electoral district of Lengua/Indian Walk continues as the UNC has decided to go to court over one ballot.
The United National congress filed an election petition in the High Court on Monday, saying it was urgent and required “immediate determination.”
In the August 14 local government elections, Lengua/Indian Walk was initially declared for the People’s National Movement (PNM). A recount was requested and conducted by the returning officer between August 15 and 16, and resulted in the PNM and UNC candidates, the Rev Autly Granthume and Nicole Gopaul respectively, being tied with 1,428 votes each. A second recount started on August 17, with the same result.
However, during the initial count and the two recounts, a particular ballot, which was a vote for the UNC, was rejected on the ground that it had not been initialled by the presiding officer, nor did it have a polling station number.
In a statement on Tuesday, UNC Political Leader Kamla Persad-Bissessar said the ballot was rejected “despite the objections of the UNC representatives present” at the count.
“At the recount, a ballot which with a clear vote for the UNC candidate but which did not have the presiding officer’s initials came up again for scrutiny. That ballot was again rejected by the returning officer, despite the UNC’s objections.”
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She added that the EBC’s officials not marking the ballot as “questioned” meant the UNC candidate could not request a check of the results and a final determination of that questioned ballot.
By statement from the Elections and Boundaries Commission (EBC) dated August 19 and by letter dated August 20, the election for the electoral district of Lengua/Indian Walk was declared void.
It said, “Rule 101 (15) of the Election Rules state that: Where the recount results in an equality of votes between or among the candidates obtaining the most votes the chief election officer shall so certify to the Returning Officer who shall declare the election void and a new election shall, as soon as possible, be held in accordance with these rules.”
Attorney Vishaal Siewsaran of Freedom Law Chambers, San Fernando, filed for the petitioner, Denecia Gopaul-Jones of Moruga.
He noted that Section 108 (2) of the Representation of the People Act says: Subject to this section, a petition questioning an election or return shall be presented within eight days after the return has been made of the member to whose election the petition relates.”
As a result, he said the petition had to be determined before a fresh election could be held for Lengua/Indian Walk. And if the petition succeeded, there would be no need for a fresh election that may unnecessarily waste time, human resources, financial resources and energy.
“The issues raised in this petition (do) not simply affect the Petitioner but also affected the entire electorate of the Electoral District of Lengua/Indian Walk. The electorate of the said Electora
