Christopher Ram asks High Court to allow individuals to run as candidates in general elections

Last Updated on Tuesday, 15 April 2025, 21:06 by Writer

Well-known civil society activist Christopher Ram on Monday asked the High Court to declare that individuals, including himself, have the right to stand for and to elect persons who stand for elections to the National Assembly as independent candidates in geographical constituencies.

The court papers seen by Demerara Waves Online News state “that there is no requirement, qualification, or restriction in the words of Article 160(2) of the Constitution that individuals interested in standing for election to the National Assembly in geographical constituencies must be associated with political parties or be candidates of political parties in order to qualify to stand for those elections.”

In one of the grounds for the application, he says that the Representation of the People Act appears to be unconstitutional because Parliament has provided for the election of members of the National Assembly in geographical constituencies by sections 11A and 11B of the Representation of the People Act, but that legislation provides that candidates for election must be on political party lists and political parties must contest in 6 of the 10 geographical constituencies and in at least 13 of the 25 seats in respect of geographical constituencies.

Mr Ram is relying on Article 160(2)(a) of Guyana’s Constitution which states that “a person may stand as a candidate for election in any such geographical constituency only if, in such manner as Parliament may prescribe, he or she has declared that he or she supports, or has otherwise identified himself or herself with one and only one of the lists related to that geographical constituency, not with a list in any other geographical constituency; and not with any lists of another party.”

“The Representation of the People Act does not make provisions to permit individuals who are not members of political parties to stand for election to the National Assembly as independent candidates in a single geographical constituency nor for individuals in small political parties or voluntary groups to stand collectively for election for the National Assembly in less than 6 of the 10 geographical constituencies or in less than 13 of the 25,” the documents state.

Mr Ram is also requesting a High Court declaration that by failing and/or omitting to make provision for individuals to stand for election and to elect members to the National Assembly as independent candidates in geographical constituencies, the Representation of the People Act Chapter 1:03 of the Laws of Guyana, to that extent, is beyond the power of the the Constitution and is unconstitutional.

He is seeking a High Court order to modify the Representation of the People Act, Chapter 1:03 of the Laws of Guyana to give effect to the right to individuals to stand as and to elect independent candidates in geographical constituencies to the National Assembly.

The well-known chartered accountant, who is also an attorney-at-law, is also leaving it up to the High Court to grant such further or other orders, writs, declarations, and directions as may be necessary and proper to give full effect to the mandatory provisions of Article 160(2)(a) of the Constitution, in addition to or in the alternative to those sought by the Applicant to fully and properly adjudicate the issues raised by these proceedings.

The grounds for the application include that Article 160(2) of the Constitution provides that Parliament may divide Guyana into geographical constituencies for the election of members of the National Assembly from each of those constituencies, but that if it does so it must provide for persons to stand for those elections.

He says that in order to give effect to the provisions of the Constitution and rights and privileges granted therein the Court is empowered to modify the terms of the Representation of the People Act to provide for its constitutionality, to facilitate its recognition of the human rights of the Applicant and other prospective individual independent candidates, and to promote the goals and spirit of the Constitution to provide for individuals, small political parties, and voluntary groups to effectively stand for election to the National Assembly in geographical constituencies without unnecessary restrictions.