The People's National Movement (PNM) has entered the brewing legal battle over the Elections and Boundaries Commission's (EBC) one-hour extension to the voting process in the September 7 general election.
Lawyers representing the party yesterday filed an application to enter the EBC's appeal against the decision of a High Court judge to grant the United National Congress (UNC) permission to pursue its election petition for six marginal constituencies.
With the EBC and the PNM lodging their appeals over the past few days, the Court of Appeal is expected to set a date for the hearing of the case within 28 days.
The EBC lodged its own appeal in the High Court on Monday.
Whatever the outcome, however, none of the parties will be able to take their preliminary challenge further to the Privy Council, as the local Appeal Court has final jurisdiction over election-related litigation.
The PNM, which won the election by 23 to 18 seats, made the move days after Attorney General Faris Al-Rawi was served with the petition while attending the funeral of party stalwart Errol Mahabir last week in San Fernando.
The process used by bailiff Mark Adams has been heavily criticised by Al-Rawi, who claimed to have been repeatedly harassed.
Adams publicly denied the allegation on Monday, as he claimed his actions were necessitated by repeated moves by PNM officials to evade being served with the documents.
Al-Rawi's San Fernando West constituency is among those being challenged by the UNC. The others are Toco/Sangre Grande, Tunapuna, St Joseph, Moruga/Tableland and La Horquetta/Talparo.
Under the petitions, which will be determined by a High Court if the appeals are dismissed, the UNC is claiming that the EBC overstepped its remit when it decided to extend the polls only in Trinidad due to heavy rainfall.
The party is contending that the legislation and rules that govern the EBC's operations only permit it to adjourn the poll without the consent of the President in cases of election violence, with consultation being required for lesser issues, such as inclement weather.
In its initial response to the UNC's threat to file the petitions the EBC defended its actions, saying such action fell within its autotomy to conduct national elections.
In granting the UNC leave to pursue its petitions on September 18, Justice Mira Dean-Armourer ruled that the party had an arguable case with a reasonable prospect of success.
The last time election petitions were heard by the court was in 2000 when the PNM challenged the nominations of the UNC's candidates Winston "Gypsy" Peters and William Chaitan based on the fact that they held dual citizenship.
Elections results in Disputed constituencies
Constituency UNC PNM
San Fernando West 6,802 10,112
La Horquetta/Talparo 7,613 10,428
Tunapuna 7,613 11,228
St Joseph 8,903 10,536
Moruga/Tableland 10,275 10,808
Toco/Sangre Grande 8,101 12,005