Court of Appeal majority ruling on valid votes may have little impact

The Guyana Court of Appeal by majority decision has issued an order that the words “more votes are cast” as per Article 177 (2) (b) of the Constitution of Guyana should be interpreted to mean “more valid votes are cast” in keeping with the definition of valid votes as outlined in Order 60 of 2020 (Recount Order) but the ruling appears superfluous as GECOM has already decided the valid votes.

This Order is however stayed for three days following the granting of an application made by attorney Kashir Khan on behalf of The Citizenship Initia-tive and Change Guyana. No other Order was granted by the court to Eslyn David who had been seeking an order against the Chief Election Officer (CEO) presenting his final report among others.

The interpreted Article now provides that “a Presidential candidate shall be deemed to have been elected as President and shall be so declared by the Chairman of the Elections Commission— if more valid votes are cast in favour of the list in which he is designated as Presi-dential candidate than in favour of any other list.