Byron, P. Basil Williams, S. Hal Gollop, Q. C, Mr. Ralph Thorne, Q. Kim Kyte, Ms. Judy Stuart-Adonis and Ms. Utieka John for the appellant. Douglas L. Mendes, S. Devesh Maharaj and Ms. Kandace Bharath for the respondent. Constitutional law β Whether the applicant's right to choose a president, impliedly conferred by Articles 1 and 9 of the Constitution, was diluted by the alteration of Article 90 of the Constitution β Eligibility to serve as President β Whether the additional disqualifications for eligibility to serve in the position of President changed or diluted the sovereignty of the people and democracy of Guyana β Alteration by implication β Limitations on the electorate's right to choose the Head of State β Interpretation of Articles 1 and 9 of the Constitution β Articles 1, 9,90 and of the Constitution β The State of Mauritius v.
Khoyratty [] 1 A. McComack U. Thornton U. S S. Ct This action was started by Mr. Cedric Richardson, a Guyanese citizen who complained that his right to choose whomsoever he wanted to be President, impliedly conferred by Articles 1 and 9 of the Constitution, had been diluted when Article 90 of the Constitution was altered to disqualify a person who had already served two terms as President.
He applied for orders that would invalidate that alteration to the Constitution. The Constitution of the Cooperative Republic of Guyana was promulgated in after it had been approved by referendum. Article 90 of the Constitution established the qualifications for election to the position of President.
The Constitution Amendment No. No evidence was given regarding the extent of the effect of these changes, but it would be reasonable to conclude that there would be many persons in the first two categories. In relation to the term limit disqualification, there was only one person affected at the time the application was filed, and even now, and that was the former President Bharrat Jagdeo.
In the affidavit in support of his application, Mr. Richardson testified that he wanted to nominate, and vote for, the former President Jagdeo to be President in upcoming elections. The trial judge, Chang, C. They concluded that an essential feature of a sovereign democratic state is the freedom which should be enjoyed by its people to choose whom they wish to represent them.
