Acting Chief Justice has ruled that the Guyana Elections Commission (GECOM) acted entirely within the law by excluding the Forward Guyana Movement (FGM) and the Assembly for Liberty and Prosperity (ALP) from the electoral ballot in several districts ahead of the upcoming elections.
The ruling, delivered on Friday in the High Court, concludes legal action initiated by FGM candidate Krystal Hadassah Fisher, who challenged the party’s omission from the ballot in Regions 1, 2, 7, 8, and 9. Fisher argued that her right to vote for her preferred party had been violated. However, Justice Singh disagreed with this assertion.
The Chief Justice clarified that it was not GECOM that excluded the parties but rather the parties themselves, who lawfully chose not to contest in those regions. He emphasized that under Guyana’s electoral laws, a party must submit a list of candidates for each region it wishes to contest. In this instance, neither FGM nor ALP submitted the required lists, making it legally impossible for GECOM to include them on the ballot.
“You cannot tell voters in Region Seven that they can vote for a party which, by its own lawful choice, opted out of that region,” Justice Singh stated.
The court dismissed Fisher’s Fixed Date Application (FDA) entirely, rejecting all claims of constitutional breaches, discrimination, or procedural failures. GECOM’s legal counsel, Arudranauth Gossai, noted that the commission adhered strictly to the Representation of the People Act (RoPA), which mandates the submission of constituency lists prior to any party’s appearance on a ballot.
Attorney General Anil Nandlall, SC, who represented GECOM, described the case as legally baseless, calling the application “frivolous and completely meritless.” He criticized the timing of the application, stating that it created unnecessary uncertainty just days before the elections.
Justice Singh also dismissed claims that the ballot exclusion violated constitutional rights, including the right to vote and participate in governance. He found no evidence that citizens were being denied meaningful participation, referencing Article 13 of the Constitution, which promotes inclusive democracy.
Following the ruling, Gossai requested full costs for the respondents, totaling $1.6 million. Nandlall sought $2 million in legal costs, asserting that the case lacked any serious grievance and unfairly disrupted national election preparations.
Attorney Vivian Williams argued against awarding costs, stating that they should not deter individuals from seeking court interpretations. However, Justice Singh awarded discretionary costs of $1 million each to be paid by September 8, 2025, citing the late filing of the case and its impact on the court’s schedule.
With this decision, GECOM will proceed with elections as planned, with ballots for all 10 administrative regions featuring only those parties that submitted the necessary geographic lists.
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