Court dismisses ILP application

In his judgement which was delivered in the Hall of Justice, Port-of- Spain, Rahim indicated that in the Court’s view, “an ordinary reading of the legislation demonstrates that the qualifying criteria for the election to the office of councillor is that of the age of majority and registration within the electoral area at the date of qualification and not residence.” Making reference to the provisions contained in Rule 66 of the Registration Rules made under the Representation of the People’s Act, Rahim said the Court was also of the view that, “the material facts as put forward by the applicant (ILP deputy leader Sunil Ramjitsingh) failed to set out an arguable case with a realistic prospect of success, namely one that is sound in logic and in law on this issue.” The judge furthered that the law clearly sets out that the qualification for an elector to be a candidate in an electoral district is registration in the electoral area and not necessarily registration in the electoral district.” Rahim also indicated that the fact that different addresses for Ali were stated on company forms and a WASA (Water and Sewerage Authority) bill, “is grossly insufficient in the Court’s view even assuming that other evidence of residence is likely to become available.” The judge said that with the applicant having failed to demonstrate an arguable case with a realistic prospect of success in relation to the non-qualification of Ali as a candidate on the basis of his residence, the applicant also failed to demonstrate an arguable case with a reasonable prospect of success (in case one does exist) that to permit Ali to remain as a candidate is, “irrational or procedurally improper.” Rahim added that as a consequence of the Court’s ruling, it is unnecessary to consider the discretionary bars to the grant of leave, namely delay and alternative remedy.

“The application for leave will therefore be dismissed,” he concluded.

Opposition Leader and UNC political leader Kamla Persad-Bissessar and Opposition senator Gerald Ramdeen appeared for Ali.

ILP political leader Rekha Ramjit appeared for Ramjitsingh.

Speaking with reporters outside of the Hall of Justice after the ruling, Persad-Bissessar said, “The court has already ruled in a manner that affirms and confirms what is our view all along.” She said on the issue of costs, Rahim has asked that submissions be done on or before December 15 in writing.

Ali said, “I am excited. I am happy.

I would like to thank God.” He also thanked Persad-Bissessar and the UNC’s legal team for supporting him. Ramjit expressed disappointment after the ruling but remained optimistic about the results of today’s elections.”