ST. JOHN’S, Antigua, CMC – The ruling Antigua and Barbuda Labour Party (ABLP) has filed a petition in the High Court challenging the legality of the nomination and election of Kelvin “Shugy” Simon of the United Progressive Party (UPP), who won the St. Mary’s South seat in the January 18 general elections.
The ABLP won the general election by a 9-8 margin, down from the comfortable 15-2 majority it had enjoyed in the last Parliament. The UPP won six of the seats, with two independents winning seats in the 17-member Parliament.
Attorney Hugh Marshall Jr. filed the petition on behalf of the ABLP and its St. Mary’s South candidate, Samantha Marshall.
“Our petition asks the court to declare that Simon’s nomination contravened both the Constitution of Antigua and Barbuda and the Civil Service Act. Section 39 1 (g) of the Constitution states that anyone who is a public service member at the time of his nomination is ineligible to be a member of the House of Representatives,” Marshall said.
The attorney said that at the time of his nomination, Simon was not qualified to participate in the elections as he had not tendered his resignation with the Public Service Commission (PSC), nor had sufficient time been given to the PSC to consider such a resignation ahead of the general elections.
As a result, the ABLP is asking the High Court to rule on whether Simon’s nomination and election contravened the Antigua and Barbuda Constitution, the Civil Service Act, and its regulations.
Simon told the Antigua Observer media that he had received court documents regarding the situation.
and then  has filed a petition in the High Court challenging the legality of the nomination and election){kind=link}