Senior Counsel Rex McKay and a team of high powered lawyers this afternoon filed an application in the Supreme Court against the results of the no-confidence motion, singling out the dual citizenship of former Government Member of Parliament, Charrandass Persaud, who voted in favour of the motion.
The matter has been filed on behalf of New Amsterdam farmer, Compton Herbert Reid and lists the Speaker of the National Assembly, Dr. Barton Scotland, recalled Member of Parliament Charrandass Persaud and the Attorney General Basil Williams as the respondents in the case.
The Court is being asked to declare that the former MP, 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, being the Sovereign State of Canada, in contravention of Article 155 (1) of the Constitution of Guyana.
Additionally, the Court is being asked to declare that Persaud was disqualified on the 7th April 2015 from being nominated as a member of the national assembly of the Republic of Guyana and that his nomination as a candidate on the list of the APNU+AFC is invalid, null and void and of no legal effect.
The Attorneys also want the Court to declare that Charrandass Persaud is a citizen of Canada and is the holder of a valid Canadian passport, which will expire in 2022 and that he was the holder of another valid Canadian passport which expired last year.
With all of the issues surrounding his Canadian citizenship, the Applicant is asking the Court to therefore declare that Persaud’s December 21 vote in the National Assembly in favour of the no-confidence motion was null, void and of no legal effect.
And by that reason, the Court is also being asked to declare that the no confidence motion was not passed as a result of Persaud’s vote.
Court documents seen by News Source revealed that the Court is being requested to set aside the order declaring that the motion was passed, Additionally, the applicant wants the Court to grant an order staying the enforcement of the resolution as declared by the Clerk of the Assembly.
Additionally, the Attorneys want the Court to grant a conservatory order, preserving the status quo ante that the government remains in office until the hearing and determination of the matter.
Under the Constitution, elections are to be called within three months of the successful passage of a no-confidence motion or at a time agreed to by two-thirds of the National Assembly.
President David Granger and Opposition Leader, Bharrat Jagdeo are to meet on the issue next Wednesday.