Charlestown, Nevis, May 27, 2020 (Nevispages.com) – An application was filed in the High Court in Basseterre, St. Kitts by Dr. Kelvin Daly and Ms. Janice Williams of Brown Hill, Nevis to be added as interested parties to the Claim No.SKBHCV2015/0011.
Claim No.SKBHCV2015/0011 was the case filed in 2015 which resulted in an injunction being placed on the 2015 electoral boundaries.
Dr. Daly applied to be added in his personal capacity and in his capacity as a representative of the Nevis Reformation Party.
Ms. Williams applied to be added in her personal capacity as a registered voter who is likely to be affected by the injustice created in the disproportionate number of voters between Nevis Constituency 9 and Nevis Constituency 10. She also applied as a representative of said class of voters for the purposes of these proceedings.
The original applicants were Mr.Mark Brantley, Mr.Timothy Harris, Mr. Sam Condor and Mr.Shawn Richards.
The Respondents were the Constituency Boundaries Commission and the Attorney General of St. Kitts and Nevis.
Since the original applicants were successful in getting the injunction on the 2015 boundaries, they had made no effort to remove the injunction or advance the case that was filed to obtain the injunction.
Since 2015 the original applicants have been in the Federal Government of St. Kitts and Nevis. They have made no changes to the electoral boundaries. Instead, the Government has taken the stance that the upcoming elections will be contested on the 1989 electoral boundaries.
Based on the inactions of the original applicants, Dr.Daly and Ms.Williams are applying to the Court to be added to that case as interested and affected parties.
If successful in their application to be added, Dr. Daly and Ms. Williams are also petitioning the Court to lift the injunction on the 2015 electoral boundaries. They are also petitioning the Courts to declare these boundaries as the true boundaries on which the 2020 Federal elections should be contested on.
The fundamental grounds on which their application is based are:
- The original applicants have allowed the injunction to remain in place for over four years, with no indication of having the underlying issues resolved, which constitutes an abuse of process.
- That it is unconstitutional for the 1989 boundaries to still be valid based on the inequalities of registered voters in Nevis 9 and Nevis 10.
Based on the 1989 boundaries, Nevis 9 currently has more than 8000 registered voters whereas Nevis 10 has less than 2000. However, in the 2015 electoral boundaries, the number of registered voters in both Nevis 9 and Nevis 10 is about the same.
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