Former Attorney General Anil Nandlall has approached the court to compel the Cabinet, including President David Granger, to stop meeting and to resign.
The proceedings were filed on Monday.
In the court documents seen by INews, Nandlall is asking for an order compelling the Cabinet to resign consequent upon the Government being defeated by the vote of a no-confidence on December 21, 2018, which is in accordance with Article 106 (6) of the Guyana Constitution.
He is also seeking a Mandatory Order compelling the Cabinet, including the President to give effect to the resignation of the Cabinet, including the President, which occurred by operation of law following the successful passage of the motion.
The former AG is also seeking a Conservatory Order or an order restraining the Cabinet, inclusive of the President, from meeting, making decisions as, or performing the functions of Cabinet.
In his affidavit, Nandlall pointed out that Article 106 (6) clearly mandates and compels the Cabinet, inclusive of the President, “resign if the Government is defeated by a vote of majority of all the elected members of the National Assembly.”
According to the former AG, nine months after the passage of the motion and Cabinet has failed to resign.
This, he noted, is despite the courts including the Caribbean Court of Justice ruling that “upon the passage of this motion of no confidence in the Government, the clear provisions of Article 106 immediately became engaged” as well as, a recent letter from Opposition Leader Bharrat Jagdeo, who requested the President and his Cabinet to resign and dissolve Parliament.
However, the Head of State did not accede to the request, which Nandlall said is a breach of Article 106 (6) of the Constitution.
To this end, he reminded the Court that it is the guardian of the Constitution, and has an inherent duty to grant appropriate remedies whenever the Constitution is likely to be, is being or has been contravened.
A date is yet to be fixed by the Court for hearing of the fix date application.