At 10.30 am tomorrow, the Appeal Court will decide if the Elections and Boundaries Commission (EBC) was within its legal remit to extend the voting time by one hour on the evening of the September 7 general election.
If the court finds that the EBC overstepped its jurisdiction, it will then clear the way for the UNC to legally push to have the results in six marginal constituencies declared null and void.
The constituencies in question are San Fernando West, La Horquetta/Talparo, Toco/Sangre Grande, Tunapuna, St Joseph and Moruga/Tableland.
But that decision could have a ripple effect on the party’s upcoming internal fight for leadership as the three contenders have just days to stake their claim on the UNC crown.
Incumbent Kamla Persad-Bissessar yesterday said she would abide by any decision coming out of the Appeal Court.
“You have to remember that this is not a decision that can go to the Privy Council, so that decision will be final and we will accept that,” Persad-Bissessar said.
Another contender, Dr Roodal Moonilal, yesterday also agreed to abide by the court’s decision. In a telephone interview yesterday, Moonilal said that the outcome of that court decision would not affect the internal election for him.
“I will abide by the court’s decision,” Moonilal said.
He said that the decision of the Appeal Court would not affect his campaign policy which was aimed at rebuilding the party from the ground up.
“I have appealed to people to keep calm because there is life after the internal election and after all it is all one party,” Moonilal said.
Political leader aspirant, Vasant Bharath, said that he too would abide by the court’s decision.
“The Appeal Court will decide if there is a genuine case but I am not going to be distracted from the main message of my campaign which is rebuilding the party,” Bharath said.
Bharath said it would be difficult to say whether the Appeal Court’s decision would have am impact on next week’s internal election. Bharath was contesting the St Joseph seat on the UNC ticket and lost to People’s National Movement (PNM) candidate Terrence Deyalsingh. Deyalsingh’s win is being challenged by the UNC.
The UNC passed the first hurdle in its challenge against the EBC’s decision on September 18 when Justice Mira Dean-Armorer ruled it had presented an arguable case with a realistic prospect of success. The UNC, which lost the election to the PNM 23-18, is claiming that the EBC’s rules and the Constitution give the EBC the power to adjourn an election only in instances of public violence and not the power to extend the traditional election timeframe of 6 am to 6 pm.
The matter will be heard by Chief Justice Ivor Archie and Justices Allan Mendonca and Peter Jamadhar tomorrow.