Almost a year after the Agricultural Society of T&T (ASTT) held its annual election, a High Court judge has found there was ballot tampering and has ordered fresh elections within 35 days. Ruling in favour of members Sylvester Pino and Hassanali Yatali in the judicial review matter, Justice Frank Seepersad quashed the election results because of serious irregularities in the filling out of ballots.
“The court therefore holds that the filling out of ballots by persons other than by the issued voter, was a substantial irregularity that was calculated to affect the election result and the sanctity of ballot secrecy was not preserved. “Accordingly the results of the election cannot be upheld and must be set aside,” the judge said. Saying that was of “great concern to the court,” Seepersad, in his 23-page judgment delivered in the San Fernando High Court, said:
“Such a circumstance is unacceptable and must be condemned and denounced.”
Pino and Yatali challenged the results, claiming several irregularities in the election process after they contested and were defeated for the posts of president and sugar representative respectively in the January 19 election.
“The interested party (Ministry of Food Production) has produced sufficient evidence to convince this court that the filling out of ballots by persons other than the person (s) to whom a ballot (s) was issued was fundamental and serious irregularity that is so intricately connected with the principles of freedom and fairness that underlie the electoral process, that doubt has been cast on the ability to reply on the election result,” Seepersad said.
Saying canvassing cannot be sanctioned, he said ballot secrecy was a basic democratic principle and it was the right of each individual to vote for the candidate of his choice without coercion or direction by any party. Because a large percentage of its membership was illiterate, he added, that alternative systems of ballot voting should have been implemented to cater properly to members who could not read or write.
Expressing concern about the ASTT’s lack of accountability and its ad hoc manner of operation, he suggested the Ministry of Food Production revisit its arrangement with the ASTT. Seepersad said it was unacceptable that for three consecutive years financial reports were not presented during the annual general meetings.
He added: “It is evident to this court that there is a considerable and unacceptable degree of informality that governs the affairs of the ASTT and its ad hoc manner of operation must be addressed.” “The lack of clear regulations in relation to the manner in which ASTT election should be conducted, ought to be addressed by all those concerned as a matter of urgency since the taxpayers of this republic ought to be able to repose confidence in the ASTT.”
During the hearing, ASTT’s secretary Gaynelle Seenath revealed that the ASTT was in a state of virtual bankruptcy. The judge also ordered the ASTT to ensure all revelant reports, including financial reports were produced to its membership prior to the casting of votes to the election. He also ruled that a representative, selected by the two claimants and another selected by the ministry, were included in all decisions relating to the conducts and supervision of the election.
The ASTT was also ordered to pay costs to the ministry and the claimants in the sum of $14,000. Representing the claimants were attorneys Michael Rooplal and Saira Lakhan. The ministry was represented by attorney Kelvin Ramkissoon while the ASTT was represented by attorney Kiel Taklalsingh.