The Forward Guyana Movement (FGM) appeared in the High Court today, where it challenged the Guyana Elections Commission (GECOM) for excluding several approved political parties from election ballots in key regions. The matter was heard before Acting Chief Justice Navindra Singh.
The fixed date application, filed on August 20, argues that GECOM’s actions violate constitutional rights under Articles 59, 149, and 160, along with provisions of the Representation of the People Act (ROPA). The case focuses on the exclusion of FGM and the Assembly of Liberty and Prosperity (ALP) from ballots in Regions 7, 8, and 9, and ALP’s exclusion from Regions 1 and 2, despite both parties meeting all legal requirements to contest the national elections.
Lead applicant Krystal Hadassah Fisher, a Region 9 elector and candidate on FGM’s national list, contends that this exclusion discriminates against Indigenous and rural communities, restricts voter choice, and distorts proportional representation.
Williams: Unequal Access for Citizens
Representing the applicants, attorney Dr. Vivian Williams argued in court that GECOM’s procedure deprives citizens of equal access to the electoral process. He said voters in affected regions are being given the “basic version” of the vote, with fewer political choices, while others enjoy “premium access” with a fuller range of parties on the ballot.
GECOM is creating a disparity where some regions only receive limited access to the democratic process, while others benefit from broader participation, Williams contends.
He argues said application effectively creates unequal citizenship, where one’s ability to participate is determined by geography, not by their citizenship rights.”
Williams added that GECOM’s decision to omit national lists in regions where no geographic candidates are fielded results in an incomplete picture of the national vote, violating both constitutional protections and ROPA.
The application asks the court to declare elections held without full party inclusion null and void, to compel GECOM to add the omitted parties to all relevant ballots, and to ensure that electors in Regions 1, 2, 7, 8, and 9 are not denied meaningful participation in the process.
GECOM: No Breach of Voting Rights
GECOM’s attorney, Arudranauth Gossai, dismissed the allegations, maintaining that the Commission is acting within the bounds of the Constitution and the Representation of the People Act. He told the court that ballots are designed to feature both the national top-up and geographic constituency lists together.
He argued that if a party fails to submit a geographic constituency list in a particular region, it cannot expect to appear on the ballot. “If you don’t have a list, you can’t be on the ballot,” Gossai said, questioning how FGM would fill seats in those regions if it were to win, given it had submitted no candidates for those areas.
AG Nandlall: No Right Denied
Attorney General Anil Nandlall, who was added as a party to the matter, supported GECOM’s position. He outlined Guyana’s electoral framework, which divides the country into ten geographic constituencies for General and Regional Elections. Voters, he explained, can only vote for parties that have submitted candidate lists in their respective regions.
Nandlall noted that the Region 9 applicant is not being denied the right to vote but is only eligible to vote for the parties listed on the ballot for her constituency. “Participation is based on compliance,” he argued, not a denial of rights.
Conclusion
As arguments were heard today in the High Court, the case has spotlighted key concerns about equity, access, and democratic representation. While GECOM and the Attorney General insist the process is constitutionally sound, FGM’s challenge raises pressing questions about whether the law is being applied in a way that genuinely reflects the will of all voters—especially those in remote and Indigenous communities. The court’s ruling could have far-reaching implications for future elections and the broader fight for inclusive governance in Guyana. The hearing will continue on Wednesday, August 27, as arguments from both sides are set to resume before Acting Chief Justice Singh.
