Former Auditor General to challenge continuing tenure of current Auditor General beyond age of 68

Former Auditor General, Anand Goolsarran, is mounting a Court challenge against the current Auditor General Deodat Sharma, over his continued occupation of that office beyond the age of 68.

Goosalrran, through his Attorney, Christopher Ram, has informed Sharma of the intended challenge and told him that he will be named as a respondent in the application.

In the letter seen by News Source, Sharma was reminded that the contention is that the Office of Auditor General is vacated by operation of the Constitution upon the holder attaining the age prescribed by Parliament, and that the prescribed age is 68 years and that no power exists to extend the tenure beyond that age.

Among the relief to be sought by Goolsarran is a declaration under Section 18 of the Judicial Review Act, Cap. 3:06, that the office is vacant, together with an injunction under that section.

In the letter, Ram informed the Auditor General that the application to be filed makes no allegation of misconduct against him, and it advances no complaint concerning the computation or payment of his salary and benefits, nor does it intend to question his tenure as Auditor General, but the matter is solely regarding the continuation of his occupation of his office in violation of the constitution.

In a separate letter, Mr. Ram, on behalf of Goolsarran wrote Attorney General, Anil Nandlall, seeking clarity over the continuation of the occupation of office by the Auditor General.

Mr. Sharma, has reportedly written to President Irfaan Ali seeking to have his tenure as the Auditor General extended.

According to Mr. Ram, if no approval of Mr. Sharma’s request has been granted, then Mr. Sharma has occupied the office of Auditor General without lawful authority since March 2026 and continues to occupy it.

Similarly, he said If an approval was granted, then it was granted without lawful power, for an improper purpose, and without any publication or transparency whatever, and is liable to be quashed.

“Neither the Constitution nor the Audit Act 2004 confers upon the President, upon the Public Service Commission, or upon any other person or authority, a power to extend the tenure of the Auditor General beyond that age. We are aware of no provision which does so, and we invite you to identify one if you say otherwise,’ Ram told the Attorney General in his letter.

With no response from the Attorney General, Mr. Goolsarran will be asking the Court for a declaration that Mr. Sharma vacated the office of Auditor General upon attaining the age of 68 years, a declaration under section 18(1)(b) that the office of Auditor General is vacant and an injunction under Section 18(1)(a) restraining Mr. Sharma from acting in the said office.

In the alternative, Goolsarran also wants an order of certiorari quashing any purported extension or approval.

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