Through Attorney Mayo Robertson, private Citizen Misenga Jones has filed Court action against the Guyana Elections Commission, the Chair and Chief Elections Officer of the Commission and the Attorney General.
The applicant is seeking a declaration that the Chair of the Elections Commission is acting outside of the Constitution by the decision not use the March 13 declarations towards a final declaration of the elections.
The Court is also being asked to declare that the GECOM Chair failed to act in accordance with the Constitution by her failure not to declare final results based on the advice of the Chief Elections Officer.
The applicant also wants the Court to declare that the Guyana Elections Commission has no authority to declare any person President except in accordance with the advice of the Chief Election Officer in his final report under the Representation of the People Act.
According to the Court action, the High Court should also declare that the final report to be compiled by the Chief Election Officer must be based on votes counted and information furnished by the 10 Returning Officers. The Court is also being requested to declare that votes counted under the Recount Order would be invalid towards making a final declaration.
The Chief Justice has set Wednesday morning for a hearing of the matter.
The filing came one day after the Chair of the Elections Commission, Retired Justice Claudette Singh decided to set aside the declarations from the Returning Officers and insist that only the votes from the recount be used to compile the final report of the Chief Elections Officer.
Last week, the Chief Election Officer sought some clarification on the matter but not was offered by the Chairperson of GECOM who has since indicated that if the Chief Election Officer fails to compile a report using the vote recount, the Deputy Chief Election Officer will be asked to compile the final report.