No Immediate By-Election Amid Legal Dispute Over Simon’s Nomination

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Kelvin “Shugy” Simon, the Member of Parliament for St Mary’s South, has submitted his resignation letter to the Speaker of the House.

This decision will lead to a by-election within 120 days.

However, Prime Minister Browne argues that Simon did not follow the proper constitutional process to vacate his seat.

As a result, no by-election will be called until the ongoing legal matter challenging the constitutionality of Simon’s nomination is resolved.

According to Browne, even if Simon’s resignation is valid, a by-election cannot take place until the court matter is settled.

The prime minister holds the authority to set the election date and sees no reason to rush a by-election that could potentially bypass the court process.

Browne further criticizes Simon’s resignation, stating that it did not adhere to the correct procedures.

He argues that there is a significant legal flaw in Simon’s resignation, emphasizing that it violates laws and disqualifies him.

Browne believes that Simon’s intention is to circumvent the litigation process, which typically involves vacating the seat and either passing it to the next contender or holding a by-election.

Simon won his seat by a narrow margin of approximately 199 votes in the January 18 general elections.

He cites the negative impact of the prolonged legal battle on his constituents as the primary reason for his resignation.

Simon wants the matter to be settled by the people through a by-election rather than relying solely on the court’s decision.

However, Senior Counsel Anthony Astaphan, a legal advisor to the government, questions the legitimacy of Simon’s resignation and the reasons provided.

He explains that members of Parliament cannot directly resign their seats unless one of the triggers specified in the standing orders is met.

Therefore, if Simon’s resignation is challenged in court by Samantha Marshal, there will be no by-election within 120 days.

Ultimately, the determination of the validity of Simon’s resignation and the subsequent actions will need to be decided by the Speaker and, potentially, the court.

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23 COMMENTS

  1. A vote for Samantha Marshall is a vote for gaston browne. Get the rid of Samantha Marshall and gaston browne. Vote against Samantha Marshall and gaston browne.

    Vote for Kelvin ‘Shuggy’ Simon.

  2. Pardon my simplistic view….
    ABLP said Simon was not duly elected.
    One ABLP supporters took him to court because he thinks he was not duly elected.

    Simon resigned so the process can be done over.
    ABLP says he cannot resign…..
    ABLP says he did not resign properly…
    ABLP says no election in 120 days….

    I just don’t get it…
    The man did what ABLP wanted, he have up the sear. Now ABLP saying they don’t want that?

    Please help me make sense of it anyone?

    • @ Melchesidec

      Simply put: Simon pulled the rug from under their feet, because they wanted to get the seat through favours from the Judge they will appoint for the matter.

      NO MATTER WHAT THEY SAY, NO JUDGE CAN OVER-RIDE THE WILL OF THE PEOPLE.
      They want the judge to grant the seat to Marshall, the candidate that the people DON’T WANT.
      IT IS AS PLAIN AS ABC THAT THEY DO NOT WANT THE BI-ELECTION BECAUSE THEY KNOW THEY WILL LOSE.

  3. ALP filed one lawsuit to get Shuggy out of Parliament and at the same time are fighting to keep him in Parliament. Tell me that is not Trump logic?

  4. Gaston really fraid he kin. Has he seen the slew of resignations in the UK this weekend? This creative nonsense may work with enrichment but not with our election process. What are you going to do change the Constitution? Gaston you have been outmatched!

  5. Hon.Gaston Browne I am totally in agreement with you. No immediate BY ELECTION. Shugy CANNOT call BY-ELECTION, He should be charged for CONTEMPT of court. ABLP always in charge of every situation. There will be a declaration in the court in next few weeks.

  6. Joanne MASSIAH ( DNA )was EXCELLENT on the BIG ISSUES yesterday. She really knows the law. UPP try cases in the general public and not in the court. That is the reason why UPP has been giving BAD ADVICE to SHUGY SIMON and JAMAL PRINGLE. According to Mr. Knight of Observer Radio… “Jamal Pringle should get rid of all those OLD FARTS such as CHAKU , D GISEL ISSAC et Al from the UPP “They are the downfall of the UPP.

    • @ GEL/ POPS

      You and Joanne should continue drinking y’all rum and fighting for your handouts from Gaston.

      She will never get over her BITTERNESS- please tell her that unforgiveness causes sickness and could lead to long term ailments.
      SHE IS IRRELEVANT

  7. I sure bet if it was an ablp candidate in this unfortunate situation the argument from the opposition would have been a different one.

  8. This is just like the Inquiry, Gaston says NO to both. WHAT A DICTATOR……
    IS THIS THE FUTURE OF ANTIGUA? PM MAKES AND BREAKS LAWS AS IT SUITS HIS NEEDS.

  9. Told you this idiot is a failure on all fronts. Now he’s running his mouth, as usual, as if he knows it all.
    First they claim he was not duly elected, whatever that means, not he is not properly resigned. Such desperate nonsense! Finally, his people have identified him as the failure he is and want to see the back of him.
    The Laborites will never quit. Neither will patriotic citizens, until this failed experiment is resigned to the dustbin of history, to face questions about the billions collected and borrowed.
    “Let him rave on, that men may know him mad.”

  10. Sadly, after weeks and weeks of avoidance and bluster, Antiguans must now wake up and come to the conclusion that democracy and accountability cannot and will not work here under the mismanagement and misguidance of Gaston Browne.

    Here’s why:

    Browne is a privileged phenomenon, and pampered by a system of cronyism, favouritism, and who you know – and dare I say backed up by the judiciary that seem to pander to him instead of looking out for the country at large.

    Here’s a case in point:

    Recently, as many of us know (and now fully understand), the Governor General decided to renege on his duty to the country to hold the Prime Minister to account with an enquiry, and then hide (or slither like a snake) behind the UK’S judiciary system to save Browne’s skin – again – against his outlandish behaviour and disregard into the arrivals of the Africans here in Antigua.

    SADLY, OUR WHOLE SYSTEM NOW REEKS WITH THE SNIFF OF CORRUPTION WITH THIS DEVILISH TRIPARTITE.

    IF THE POLITICIANS 😈, ELITES 😈, AND THE JUDICIARY 😈 ARE ALL IN CAHOOTS TOGETHER, THEN THE COUNTRY IS IN DIRE DIRE STRAITS ..

    Furthermore, if I’m correct in all the above, then watch the nastiness come into play again by Gaston Browne with Shugy outplaying him with his resignation from St Mary’s South.

    Again, dictatorship by the back door!

    WAKE-UP CITIZENS, WAKE-UP!!!

  11. Bird people dumb dumb. Shugy’s resignation triggers a by-election and effectively ends the case. The ALP were suing for a new election. Now Gaston wants to hold the people of SMS hostage because he’s afraid of the impending ALP wipeout. By-election must be held in 120 days. Set the date now!

    • @My Byum – Its not labor’s fault that you listen to the wrong medium and though you have internet access, you don’t access the courts filing. The push in the court matter is to have the court recognize that the UPP candidate did not follow the rules hence his participation should be voided. Yes the court may consider a bi-election but since when a competitor was disqualified was there ever a do-over? This is not about the issues raised in 2009 eg (areas opening late for voting) He was not qualified hence in essence those who voted for him, essentially spoilt their ballets. They were warned about this during the campaign period.

      • Tenman, this is not Guyana. Burnham people are not running the courts in Antigua! ALP can’t thief Antigua people elections. The only remedy the court can offer the ALP is a new election. That is now a moot point since Shugy has resigned. The ALP need to stop running from the people of SMS and take their licks like men. Set the date now.

  12. I cannot vote in Antigua, but I am still a citizen. I would have been an ABLP if I could vote in Antigua. My concern is; the rules were the rules at the time of election, if he was not “qualified” at the time of the elections how can he be duly elected? If he was not “duly” elected, how can he “resign?” If he could “resign,” then that would make him able to dictate the terms of the elections. Please inform me how this would be fair. He did not follow the rules, he should not be allowed to contest the elections again. If I contested an elections and I was not qualified at the time, I won, I knew at the time I am not qualified, can I then use the reset to get myself qualified? There is no way this can be fair.

    • @Mega – well said and note instead of dealing with your argument, they prefer to attack you personally. The UPP before Shugy called for rules to be followed. Now that it will cost them, they no longer see rules as important. Sadly they do not get that democracy is not just “the will of the people”, it also about order and rules (another example was their stance on vaccines). What they actually want (when in opposition) is anarchy (no rules / order)

      • ” … another example was their stance on vaccines …”

        Explain yourself on the issue of vaccinations per se @ tenman (without the soundbites), so that people not only understand where you are REALLY coming from, but also if you are in agreement with our health Minister Molwyn Joseph about losing our sovereignty over health issues to the WHO.

        I thought you were all for the rights of voting whether you win or lose?

      • Tenman, we have no need to address the uninformed nonsensical opinions of refugees. Set the date now!

  13. That is why Antigua is the way it is, no one wants to follow the rules. Rules create a better society. You drive on the left, you stop at the stop sign, you cannot be a civil servant and run for elective office, you lost an election and followed the rules you go back to the USA. Without rules and regulations you have anarchy.

  14. That is why Antigua is the way it is, no one wants to follow the rules. Rules create a better society. You drive on the left, you stop at the stop sign, you cannot be a civil servant and run for elective office, you lost an election and followed the rules you go back to the USA. Without rules and regulations you have anarchy. I am so happy to live in a society that people follow the rules.

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