Derek Achong
The Trinbago Unified Calypsonians’ Organisation (TUCO) election, scheduled for this Sunday (July 12), will go ahead as planned.
Delivering a decision a short while ago, High Court Judge Frank Seepersad dismissed an application from presidential candidate Kurt Allen seeking to stop and defer the poll.
Justice Seepersad dismissed an ex parte application from Allen last weekend and came to the same conclusion after giving TUCO, its current president Ainsley King, and general secretary Shirlane Hendrickson an opportunity to respond to Allen's claims during a hearing this morning.
In the application, Allen raised several issues with the election, including not being provided with an up-to-date membership list, inclusive of contact information, or the organisation's financial records over the past three years.
While Justice Seepersad found that Allen had an arguable substantive case, he ruled that his (Allen) concerns were not sufficient to stop the democratic process.
"These are concerns that can be discussed with the general membership to convince them of a need for change," Justice Seepersad said.
He also upheld claims from TUCO's lawyer, Umesh Maharaj, who claimed that a deferral of the election would derail the organisation's preparations for next year's Carnival celebrations.
He also stated that the injunction would prejudice other candidates in the election, who did not intervene in the case to raise similar issues as Allen.
He also noted that TUCO had already spent $30,000 to host the election and would not be able to recoup the funds.
Justice Seepersad noted that if Allen is eventually successful in his case, the court can order that the election be redone.
Dealing with the membership list, Justice Seepersad noted that it was provided on June 29. However, he noted that Allen was not entitled to members' contact information.
Despite his ruling, Justice Seepersad ordered that Allen be provided with the final list of members eligible to vote in the election, as the cut-off date for registration was a day after the list was provided.
Allen was represented by Blaine Sobrian.
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