Georgetown: The Full Court on Tuesday discharged the injunctions granted by the High Court Judge Franklyn Holder on March 17 which stopped the Guyana Elections Commission (GECOM) from performing a national recount of votes cast at the March 02 general and regional elections.
The Judges that made the unanimous ruling comprised of Chief Justice Roxane George and Justice Nareshwar Harnanan.
Attorneys for the respondent, Ulita Moore, and others after the ruling, tried to get the court to stay the enforcement of its decisions, but this was also denied.
Justice Holder granted the orders at the request of Moore, who was an East Coast Demerara candidate for the Coalition in the 2018 Local Government elections and a Region Four candidate for the Coalition in the March 02 elections.
The Full Court ruled that Justice Holder made an error in determining that he can hear the case filed by APNU+APNU Candidate Ulita Moore.
According to the ruling, the proceedings by Moore prevented GECOM from effectively carrying out its functions to facilitate elections.
In handing down the decision, Justice George said that the entire scheme of the country’s elections law allows GECOM to resolve difficulties that arise.
Lawyers for People’s Progressive Party Representative List of Candidates, Bharrat Jagdeo had relied on the Representation of the People Act that says no court can enquire into any decisions by the seven-member Elections Commission.
Article 162 of the Constitution, the Full Court noted, gives overriding powers to GECOM to manage the elections. The Court ruled that the Constitution and Parliament gave GECOM the authority to operate independently to resolve difficulties as these may arise.
The Full Court took into account the fact that the Chair of the Guyana Elections Commission, Justice Claudette Singh has given a public undertaking that the votes would be recounted.
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