The election of office bearers of the Berbice Cricket Board of Control at its annual general meeting in October, was on Monday struck down by High Court Judge, Navindra Singh, who has ordered a new election.
The court in its ruling, declared the October 8, 2017 elections “unlawful, null, void, and of no legal effect as the entire election process was fundamentally flawed, unfair and undemocratic.”
The judge has said that the new elections will be held next January on a date to be fixed by him.
The case had been filed by the Guymine Sports Club, the Fort Canje Hospital Club and the Mount Sinai Cricket Club; which all argued that the elections were null and void because it contravened Schedule III of the Guyana Cricket Administration Act.
Contending that the entire election process had been “fundamentally flawed, unfair and undemocratic,” the applicants were of the concomitant view that the office bearers could not have been properly elected.
The respondents were successful in seeking a declaration that their exclusion, as well as that of the Rose Hall Community Centre and the Kildonan Cricket Clubs, from the elections, also violated Schedule III of the Guyana Cricket Administration Act.
Among the more than 20 grounds on which its application was drawn, the respondents sought a declaration that the attendance, voting and participation of persons purporting to represent them, was unlawful and contrary to Act.
Amid the number of declarations also being sought by the applicants was for the court to pronounce unlawful, which it did, the purported nomination of Drubahadur as Returning Officer for the said elections.
The applicants had argued that his nomination was not put to a vote of the member-clubs present at the said elections.
The court further declared, that the decision by Drubahadur, to close nominations for the post of President of the Berbice Cricket Board, immediately after Direndranaught Somwaru was nominated, was “manifestly unfair, thereby rendering the election process undemocratic and against the rules of fairness.”
A further declaration was made, that Drubahadur’s refusal to accept other nominations for the post of President was also unfair.
In his ruling, Justice Singh ordered that a list of all eligible representatives of the clubs and associations listed in schedule III, Section 4 of the Act, be submitted to the court by January 5, next year.
It was also ordered, that the representatives to be submitted to the court shall, after verification and approval by the court, be the delegates who will represent the clubs and associations in the new election for office bearers.
Additionally, the judge has ordered all clubs and associations intending to participate in the next elections, to pay their annual dues no later than January 16, 2018.
Justice Singh has noted, that his orders are not intended to, and should not be construed as hindering, or affecting the general administration of cricket in the County of Berbice, pending new elections.
In addition to Somwaru and Drubahadur, listed also as respondents were; Imtiaz Bacchus and Winston Roberts; Vice Presidents of the Cricket Board, Vickram Seubarran and Carol Nurse; Secretary and Assistant Secretary respectively, Godwyn Allicock and Leslie Solomon; Treasurer and Assistant Treasurer respectively, Anand Sanasie, Secretary of the Guyana Cricket Board and David Black; President of the Western Berbice Cricket Association.
The applicants were represented by attorney, Arudranauth Gossai.