Chow v Gappy and Others (3/2007) [2007] SCCC 1 (02 April 2007);

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IN THE CONSTITUTIONAL COURT OF SEYCHELLES

 

PAUL CHOW Petitioner

(Leader and president of the Democratic Party)

 

VS.

 

  1. HENDRICKS GAPPY Respondents

(Electoral Commissioner of Aarti Chambers)

  1. THE ATTORNEY GENERAL

  2. MR. FRANCE ALBERT RENE

(President of the Seychelles People’s Progressive Font (SPPF)

  1. MR. WAVEL RAMKALAWAN

(Leader of the Seychelles National Party (SNP)

 

Constitutional Case No. 3 of 2007

 

 

CORAM: A. R. Perera (Presiding), D. Karunakaran, J & D. Gaswaga, J

 

Mr. F. Elizabeth for the Petitioner

Mr. A. Fernando for the 1st and 2nd Respondents

Together with Senior State Counsel – Mr. E. Chetty &

State Counsel Mr. C. Andre

Mr. F. Bonte and Mr. J. Renaud for the 3rd Respondent

Mr. A. Derjacques for the 4th Respondent

 

JUDGMENT OF GASWAGA, J

 

I have had the opportunity to read in draft the judgments of Perera, J (Presiding) and Karunakaran, J.

 

I am in agreement with Perera, J’s findings on Article 130(1) with regard to locus standi of the petitioner and also his interpretation of Article 79(1) and (2) as read together with Article 81(1)(a) of the Constitution.

Accordingly, I agree with both Perera, J and Karunakaran, J that the petition should be dismissed.

 

 

 

D. GASWAGA

JUDGE

Dated this 3rd April, 2007.