Attorneys-at-Law: Mohabir Anil Nandlall, C.V.

Satram, Priya Manickchand, Euclin Gomes,

Devindra Kissoon, Marcia Nadir-Sharma, Arud
Gossai, Manoj Narayan, Sasha S. Mahadeo-
Narayan, Rajendra R. Jaigobin & Anuradha
Deodasingh
Firm’s name: Mohabir A. Nandlall and Associates
Attorneys-at-Law
‘Bhagwati Chambers’
Address: 217 South Street, Lacytown,
Georgetown, Guyana.
Tel. Nos.: 227-2712, 223–7487, 223–7486
Email: bhagwatichambers@gmail.com

IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURE OF

GUYANA

REULAR JURISDICTION

PROCEEDINGS FOR RELIEF UNDER THE CONSTITUTION

2019-HC-DEM-CIV-FDA-19

BETWEEN:

COMPTON HERBERT REID

Applicant

-and-

1. DR. BARTON SCOTLAND, Speaker of

the National Assembly of Guyana

2. CHARRANDAS PERSAUD

3. THE ATTORNEY-GENERAL

Respondents

NOTICE OF APPLICATION

The Applicant, BHARRAT JAGDEO, Leader of the Opposition,

National Assembly, will make an Application to the Court on the ………..

1
day of January, 2019, at ………… a.m/p.m, or soon after that time as the

motion can be heard, at High Court, Georgetown, Demerara before the

Honourable………………………………….. in Court no……………………….

PROPOSED METHOD OF HEARING: The application is to be heard:

In writing because it is made with notice;

Orally

1. THE APPLICATION IS FOR:

(a) an Order adding BHARRAT JAGDEO, MP, Leader of

the Opposition, National Assembly as a party to these

proceedings;

(b) such further and other reliefs that this Honourable

Court deems just and proper.

2. THE GROUNDS OF THE APPLICATION ARE:

(i) the Applicant is the Leader of the Opposition elected

under Article 184 of the Constitution of Guyana in

respect of the Eleventh (11th) Parliament of Guyana;

(ii) the Applicant is also the General Secretary of the

People’s Progressive Party Civic (PPP/C), the only

opposition party in the Eleventh Parliament of Guyana;

2
(iii) on the 14th day of November, 2018, the Applicant filed

with the Clerk of the National Assembly a No

Confidence Motion against the Government of

Guyana;

(iv) on the 21st day of December, 2018, this said No

Confidence Motion was duly debated in and by the

National Assembly and at the end of which, the votes

were taken of all the elected members of the National

Assembly by the Clerk upon the instructions of the

Speaker of the National Assembly;

(v) thirty-three (33) members voted in favour of the said

No Confidence Motion and thirty-two (32) members

voted against;

(vi) consequently, the Clerk reported the same to the

Speaker who duly ruled that the said No Confidence

Motion was duly passed and carried;

(vii) in consequence thereof, by letter dated 24th December,

2018, the Clerk duly wrote to the Applicant informing

him that the said No Confidence Motion was passed

and provided an enumeration of the votes in relation

thereto;

(viii) by virtue of Article 106 (6) of the Constitution, the

Cabinet including the President shall resign if the

3
 Government is defeated by the vote of a majority of the

elected members of the National Assembly on a vote

of confidence;

(ix) Article 106(7) of the Constitution provides, inter alia,

that notwithstanding its defeat the Government shall

remain in office and shall hold an election with three (3)

months thereof;

(x) the main thrust of the proceedings filed herein is to

nullify the No Confidence Motion moved by the

Applicant and passed by the National Assembly on the

21st December, 2018 and to ultimately prevent its

constitutional consequences contained in Articles

106(6) and 106 (7) of the Constitution from taking

effect;

(xi) that the principles of natural justice, fairness and locus

standi aggregate to qualify the Applicant not only as an

interested party but a person who will suffer great

prejudice and who would be deeply aggrieved by any

order or ruling this Honourable Court may make or is

likely to make in these proceedings;

(xii) that immediately prior to the filing of these proceedings,

the Attorney- General is on record informing the press

that “the Government is in the process” of filing legal

4
 proceedings to challenge the validity of the votes in

respect of the No Confidence Motion;

(xiii) that having regard to the parties to these proceedings

and the Attorneys-at-Law on record for Mr. Compton

Herbert Reid, the Applicant genuinely fears that there

is manifest connivance and collusion in the institution

of these proceedings and the Attorney-General would

be ready and willing to consent to judgment in a

deliberate conspiracy to pervert these legal

proceedings in order to nullify the aforesaid No

Confidence Motion and its constitutional

consequences;

(xiv) as a result of the matters contained in paragraph 2

(xiii), it is imperative that the Applicant be permitted to

join these proceedings not only to protect its integrity

but in order to protect and preserve the will of a majority

of the elected members who voted in favour of the said

No Confidence Motion and also to protect and preserve

the sanctity of proceedings in the National Assembly

as well as the Constitution of Guyana;

(xv) that this matter raises not only issues of paramount

constitutional and parliamentary significance but also

fundamental political issues which may have far

5
 reaching implications for national democracy, peace,

order and good governance in Guyana.

3. THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the

hearing of the Application:

(i) Affidavit of BHARRAT JAGDEO, of 304 Church Street,

Queenstown, in the City of Georgetown, in the County

of Demerara

(ii) a copy of letter of Clerk dated 24th December, 2018,

addressed to the Leader of the Opposition.

4. A DRAFT OF THE ORDER that the Applicant seeks is attached.

Date: day of January, 2019 ………………………………….……

MOHABIR ANIL NANDLALL, MP
Attorney-at-Law
Mohabir A. Nandlall & Associates,
Attorneys-at-Law, ‘Bhagwati
Chambers’,
217 South Street, Lacytown,
Georgetown,
227-2712, 223-7487, 223-7486
bhagwatichambers@gmail.com

Date: day of January, 2019 ………………………………………

Signature of Registry

Issued by:

Law Courts, Georgetown,

Demerara.

6
TO: MR. COMPTON HERBERT REID
New Amsterdam
Berbice
Guyana

DR. BARTON SCOTLAND

Speaker of the National Assembly of Guyana
Parliament Buildings,
Brickdam,
Georgetown,
Guyana.

MR. CHARRANDAS PERSAUD

Betsy Ground Canje,
Berbice and/or
12 Bramdo,
Markhan Avenue,
Ontario,
L354K9,
Canada

ATTORNEY-GENERAL
95 Carmichael Street
Georgetown, Guyana

7
 Attorneys-at-Law: Mohabir Anil Nandlall, C.V.
Satram, Priya Manickchand, Euclin Gomes,
Devindra Kissoon, Marcia Nadir-Sharma, Arud
Gossai, Manoj Narayan, Sasha S. Mahadeo-
Narayan, Rajendra R. Jaigobin & Anuradha
Deodasingh
Firm’s name: Mohabir A. Nandlall and Associates
Attorneys-at-Law
‘Bhagwati Chambers’
Address: 217 South Street, Lacytown,
Georgetown, Guyana.
Tel. Nos.: 227-2712, 223–7487, 223–7486
Email: bhagwatichambers@gmail.com

IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURE OF

GUYANA

REULAR JURISDICTION

PROCEEDINGS FOR RELIEF UNDER THE CONSTITUTION

2019-HC-DEM-CIV-FDA-19

BETWEEN:

COMPTON HERBERT REID

Applicant

-and-

1. DR. BARTON SCOTLAND, Speaker of

the National Assembly of Guyana

2. CHARRANDAS PERSAUD

3. THE ATTORNEY-GENERAL

Respondents

AFFIDAVIT OF BHARRAT JAGDEO

I, BHARRAT JAGDEO, of 304 Church Street, Queenstown, in the

City of Georgetown, in the County of Demerara, Republic of Guyana, MAKE

OATH AND SAY:

8
1. I am the Applicant herein and the facts and matters hereinafter

deposed are within my personal knowledge, save and except

where expressly stated.

2. I am the Leader of the Opposition elected under Article 184 of

the Constitution of Guyana in respect of the Eleventh (11 th)

Parliament of Guyana.

3. I am also the General Secretary of the People’s Progressive

Party Civic (PPP/C), the only opposition party in the Eleventh

Parliament of Guyana.

4. On the 14th day of November, 2018, I filed with the Clerk of

the National Assembly a No Confidence Motion against the

Government of Guyana.

5. On the 21st day of December, 2018, this said No Confidence

Motion was duly debated in and by the National Assembly and

at the end of which, the votes were taken of all the elected

members of the National Assembly by the Clerk upon the

instructions of the Speaker of the National Assembly.

6. Thirty-three (33) members voted in favour of the said No

Confidence Motion and thirty-two (32) members voted

against.

7. Consequently, the Clerk reported the same to the Speaker

who duly ruled that the said No Confidence Motion was duly

passed and carried.

9
8. In consequence thereof, by letter dated 24th December, 2018,

the Clerk duly wrote to me informing that the said No

Confidence Motion was passed and provided an enumeration

of the votes in relation thereto. I hereto attach and mark as

exhibit “A” a copy of the letter dated 24th December, 2018.

9. I am advised by Mr. Mohabir Anil Nandlall, Attorney-at-Law

and do verily believe that:

(i) by virtue of Article 106 (6) of the Constitution,

the Cabinet including the President shall resign

if the Government is defeated by the vote of a

majority of the elected members of the National

Assembly on a vote of confidence;

(ii) Article 106(7) of the Constitution provides, inter

alia, that notwithstanding its defeat the

Government shall remain in office and shall hold

an election with three (3) months thereof;

(iii) the main thrust of the proceedings filed herein is

to nullify the No Confidence Motion moved by

me and passed by the National Assembly on the

21st December, 2018 and to ultimately prevent

its constitutional consequences contained in

Articles 106(6) and 106 (7) of the Constitution

from taking effect;

10
 (iv) the principles of natural justice, fairness and

locus standi aggregate to qualify me not only as

an interested party but a person who will suffer

great prejudice and who would be deeply

aggrieved by any order or ruling this Honourable

Court may make or is likely to make in these

proceedings.

10. Immediately prior to the filing of these proceedings, the

Attorney- General is on record informing the press that “the

Government is in the process” of filing legal proceedings to

challenge the validity of the votes in respect of the No

Confidence Motion.

11. Having regard to the parties to these proceedings and the

Attorneys-at-Law on record for Mr. Compton Herbert Reid, I

genuinely fear that there is manifest connivance and collusion

in the institution of these proceedings and the Attorney-

General would be ready and willing to consent to judgment in

a deliberate conspiracy to pervert these legal proceedings in

order to nullify the aforesaid No Confidence Motion and its

constitutional consequences.

12. As a result of the matters contained in paragraph 2 (xiii), it is

imperative that the Applicant be permitted to join these

proceedings not only to protect its integrity but in order to

11
 protect and preserve the will of a majority of the elected

members who voted in favour of the said No Confidence

Motion and also to protect and preserve the sanctity of

proceedings in the National Assembly as well as the

Constitution of Guyana.

13. This matter raises not only issues of paramount constitutional

and parliamentary significance but also fundamental political

issues which may have far reaching implications for national

democracy, peace, order and good governance in Guyana.

14. In the circumstances, I respectfully seek the orders sought in

the Notice of Application filed herein.

15. This Affidavit was drawn on my instructions and on my behalf

by Mr. Mohabir Anil Nandlall, Attorney-at-Law.

Sworn before me at the city of

Georgetown, in the County of
Demerara on this day of
January, 2019

…………………………………………. ………………………..………….….
Commissioner of Oaths to Affidavits BHARRAT JAGDEO

12
 Attorneys-at-Law: Mohabir Anil Nandlall, C.V.
Satram, Priya Manickchand, Euclin Gomes,
Devindra Kissoon, Marcia Nadir-Sharma, Arud
Gossai, Manoj Narayan, Sasha S. Mahadeo-
Narayan, Rajendra R. Jaigobin & Anuradha
Deodasingh
Firm’s name: Mohabir A. Nandlall and Associates
Attorneys-at-Law
‘Bhagwati Chambers’
Address: 217 South Street, Lacytown,
Georgetown, Guyana.
Tel. Nos.: 227-2712, 223–7487, 223–7486
Email: bhagwatichambers@gmail.com

IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURE OF

GUYANA

REULAR JURISDICTION

PROCEEDINGS FOR RELIEF UNDER THE CONSTITUTION

2019-HC-DEM-CIV-FDA-19

BETWEEN:

COMPTON HERBERT REID

Applicant

-and-

1. DR. BARTON SCOTLAND, Speaker of

the National Assembly of Guyana

2. CHARRANDAS PERSAUD

3. THE ATTORNEY-GENERAL

Respondents

NOTICE OF APPOINTMENT OF ATTORNEYS-AT-LAW

The Applicant, BHARRAT JAGDEO, Leader of the Opposition, of

304 Church Street, Queenstown, Georgetown, Demerara, Guyana, has

13
appointed MOHABIR ANIL NANDLALL, C.V. SATRAM, PRIYA

MANICKCHAND, EUCLIN GOMES, DEVINDRA KISSOON, MARCIA

NADIR-SHARMA, ARUD GOSSAI, MANOJ NARAYAN, SASHA S.

MAHADEO-NARAYAN, RAJENDRA R. JAIGOBIN & ANURADHA

DEODASINGH, as Attorneys-at-Law of record.

Date…………………………… Signed by: …………………………………

BHARRAT JAGDEO

Mohabir Anil Nandlall,

C.V. Satram,
Priya Manickchand,
Euclin Gomes,
Devindra Kissoon,
Marcia Nadir-Sharma,
Arud Gossai,
Manoj Narayan,
Sasha S. Mahadeo-Narayan,
Rajendra R. Jaigobin &
Anuradha Deodasingh
Mohabir A. Nandlall & Associates
Attorneys-at-Law
‘Bhagwati Chambers’
217 South Street, Lacytown,
Georgetown, Guyana, Tel: (592)
227-2712, 223-7487
Fax:(592) 223-7486
bhagwatichambers@gmail.com

TO: MR. COMPTON HERBERT REID

New Amsterdam
Berbice
Guyana

14
DR. BARTON SCOTLAND
Speaker of the National Assembly of Guyana
Parliament Buildings,
Brickdam,
Georgetown,
Guyana.

MR. CHARRANDAS PERSAUD

Betsy Ground Canje,
Berbice and/or
12 Bramdo,
Markhan Avenue,
Ontario,
L354K9,
Canada

ATTORNEY-GENERAL
95 Carmichael Street
Georgetown,
Guyana

15
IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURE OF

GUYANA

REULAR JURISDICTION

PROCEEDINGS FOR RELIEF UNDER THE CONSTITUTION

2019-HC-DEM-CIV-FDA-19

BETWEEN:

COMPTON HERBERT REID

Applicant

-and-

1. DR. BARTON SCOTLAND, Speaker of

the National Assembly of Guyana

2. CHARRANDAS PERSAUD

3. THE ATTORNEY-GENERAL

Respondents

BEFORE THE HONOURABLE CHIEF JUSTICE (ag.) MADAM JUSTICE

ROXANE GEORGE S.C.

DATED THE DAY OF JANUARY, 2019

ENTERED THE DAY OF JANUARY, 2019

MOHABIR ANIL NANDLALL, C.V. SATRAM, PRIYA MANICKCHAND,

EUCLIN GOMES, DEVINDRA KISSOON, MARCIA NADIR-SHARMA,

ARUD GOSSAI, MANOJ NARAYAN, SASHA S. MAHADEO-NARAYAN,

RAJENDRA R. JAIGOBIN & ANURADHA DEODASINGH, Attorneys-at-

Law for the Applicant

16
 ORDER

THIS APPLICATION, made by Bharrat Jagdeo, Leader of the

Opposition, for an Order to be added as a Respondent in High Court Action

herein was heard this ….. day of January, 2019, at the High Court,

Georgetown.

ON READING the Notice Application and the Affidavit in Support

thereof, and on hearing the submissions of the Attorneys-at-Law for

Applicant and Respondents appearing in person or no one appearing for

Respondents:

THIS COURT ORDERS that Bharrat Jagdeo, Leader of the

Opposition is added as a Respondent in High Court Action herein.

………………………………
FOR JUDGE/REGISTRAR

IF YOU FAIL TO COMPLY WITH THE TERMS OF THIS

ORDER, YOU WILL BE IN CONTEMPT OF COURT AND

MAY BE LIABLE IMPRISONMENT OR TO HAVE YOUR

ASSETS CONFISCATED

17
IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURE OF

GUYANA

REULAR JURISDICTION

PROCEEDINGS FOR RELIEF UNDER THE CONSTITUTION

2019-HC-DEM-CIV-FDA-19

BETWEEN:

COMPTON HERBERT REID

Applicant

-and-

1. DR. BARTON SCOTLAND, Speaker of

the National Assembly of Guyana

2. CHARRANDAS PERSAUD

3. THE ATTORNEY-GENERAL

Respondents

NOTICE OF APPLICATION

MOHABIR ANIL NANDLALL, C.V.

SATRAM, PRIYA MANICKCHAND,
EUCLIN GOMES, DEVINDRA
KISSOON, MARCIA NADIR-SHARMA,
ARUD GOSSAI, MANOJ NARAYAN,
SASHA S. MAHADEO-NARAYAN,
RAJENDRA R. JAIGOBIN &
ANURADHA DEODASINGH
Mohabir A. Nandlall & Associates
Attorneys-at-Law
‘Bhagwati Chambers’
217 South Street, Lacytown,
Georgetown, Guyana, Tel: (592) 227-
2712, 223-7487
Fax:(592) 223-7486
bhagwatichambers@gmail.com

18
IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURE OF
GUYANA
REULAR JURISDICTION
PROCEEDINGS FOR RELIEF UNDER THE CONSTITUTION
2019-HC-DEM-CIV-FDA-19
BETWEEN:
COMPTON HERBERT REID

Applicant

-and-

1. DR. BARTON SCOTLAND, Speaker of

the National Assembly of Guyana

2. CHARRANDAS PERSAUD

3. THE ATTORNEY-GENERAL

Respondents

AFFIDAVIT

Deponent: BHARRAT JAGDEO

Sworn:
MOHABIR ANIL NANDLALL, C.V.
SATRAM, PRIYA MANICKCHAND,
EUCLIN GOMES, DEVINDRA
KISSOON, MARCIA NADIR-SHARMA,
ARUD GOSSAI, MANOJ NARAYAN,
SASHA S. MAHADEO-NARAYAN,
RAJENDRA R. JAIGOBIN &
ANURADHA DEODASINGH
Mohabir A. Nandlall & Associates
Attorneys-at-Law
‘Bhagwati Chambers’
217 South Street, Lacytown,
Georgetown, Guyana, Tel: (592) 227-
2712, 223-7487
Fax:(592) 223-7486
bhagwatichambers@gmail.com

19
IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURE OF

GUYANA

REULAR JURISDICTION

PROCEEDINGS FOR RELIEF UNDER THE CONSTITUTION

2019-HC-DEM-CIV-FDA-19

BETWEEN:

COMPTON HERBERT REID

Applicant

-and-

1. DR. BARTON SCOTLAND, Speaker of

the National Assembly of Guyana

2. CHARRANDAS PERSAUD

3. THE ATTORNEY-GENERAL

Respondents

DRAFT ORDER OF COURT

MOHABIR ANIL NANDLALL, C.V.

SATRAM, PRIYA MANICKCHAND,
EUCLIN GOMES, DEVINDRA
KISSOON, MARCIA NADIR-SHARMA,
ARUD GOSSAI, MANOJ NARAYAN,
SASHA S. MAHADEO-NARAYAN,
RAJENDRA R. JAIGOBIN &
ANURADHA DEODASINGH
Mohabir A. Nandlall & Associates
Attorneys-at-Law
‘Bhagwati Chambers’
217 South Street, Lacytown,
Georgetown, Guyana, Tel: (592) 227-
2712, 223-7487
Fax:(592) 223-7486
bhagwatichambers@gmail.com

20
21