Moments before he was expected to present his final report on the results of the 2nd March elections to the Chairman of the Guyana Elections Commission, Chief Elections Officer Keith Lowenfield was forced to halt that move as he was served with a notice of motion for Court action against any declaration at this time.

GECOM’s Public Relations Officer, Yolanda Ward told reporters that the notice was served on the Chief Elections Officer before his 1pm deadline to submit his report.

She added that the notice restrains the CEO from complying with the directions of the Chairperson, resulting in the report not being submitted today as was planned.

The Court action was filed before the Court of Appeal in the name of Sophia resident, Eslyn David who is being represented by Attorney Mayo Robertson.

In the action, David is seeking a declaration that  the  Guyana Elections Commission has  failed  to  act  in  accordance  with  the  terms  of  the  Order No.  60  of  2020  and  the  amended  Order  dated  the  29^th day of  May,  2020,  in  that it has  failed  to  determine a final credible count and or  the  credibility  of  the result  of  the  General  and  Regional  Elections held on the 2^nd day  of  March,  2020,  as  required  to  do  by  the orders.

The applicant is also seeking an order that  there  be  an  interpretation  of  the words “more votes are cast” in Article 177 (2) (b) of the Constitution of Guyana.

Additionally, the Court is being asked to grant an order restraining the Chief Elections Officer from complying with the Direction of the Chairman of the Guyana Elections Commission to submit to the Guyana Elections Commission an Elections Report determining the final credible count and or the credibility of the General and  Regional  Elections as required by the Order No. 60 of 2020 and the amended Order of the 29^th day of March, 2020.

An  Order restraining the Chief Elections Officer from complying with the Direction of the Chairman to submit an Elections Report under Section 96 of the Representation of the People  Act without the Guyana Elections Commission determining the final credible count and or the credibility of the result of the  General and  Regional  Elections is also being sought.

According to the notice of motion, the Court of Appeal is also being asked to grant an order restraining the Chief Elections Officer from submitting to the Guyana Elections Commission an Elections Report under Article 177 (2) (b) of the Constitution containing votes which are not credible within the meaning of Order No. 60 of 2020.

And finally, an order is being sought restraining the Chief Elections Officer from submitting to the  Elections Commission an Elections  Report under Section 96 of the Representation of the People Act, Chapter 1:03  containing votes which are not valid and credible.

The matter is set to come up before the Court of Appeal tomorrow afternoon at 1:30. The Guyana Elections Commission was scheduled to meet again tomorrow afternoon at 1 o’ clock but has since put that meeting on hold.

The incumbent APNU+AFC has been arguing that any declaration of the Elections Commission must only contain valid votes and not votes that would have been tainted by the irregularities that were uncovered during the vote recount.

Related posts:

Court action filed seeking to prevent GECOM from using recount votes for final declaration CCJ throws out Appeal Court’s Order and Chief Election Officer’s Report CCJ expected to hear election declaration appeal on July 1, Stay Order expected to be issued tomorrow Chief Elections Officer requested to prepare declaration report using recount results