In a split decision, the three-member panel of judges said that the motion had to be passed by 34 of the 65 members of the National Assembly in order to have been valid.
Chancellor of the Judiciary, Yonnette Cummings-Edwards and Justice Dawn Gregory ruled that the threshold required for a no-confidence motion was 34 votes, while Justice Rishi Persaud provided a dissenting ruling.
Opposition Leader Bharrat Jagdeo had on December 21, last year, successfully tabled the motion of no confidence against the three and a half year old coalition government after he had received the support of then government legislator, Charrandas Persaud.
The government later appealed the High Court ruling that the motion was valid and had refused to issue a conservatory order stopping the countdown to the 90 day period during which the fresh regional and general election had to be held following the passage of a motion of no confidence.
Jagdeo has since been labelling the government as illegal, given that the deadline had passed and called on President Granger to name a date for the fresh elections.
Political and court observers say the matter is now likely to go to the Trinidad-based Caribbean Court of Justice (CCJ), Guyana’s highest court.