Use of public authority prerogatives: the HCC dismisses the request of (…)

Use of public authority prerogatives: the HCC dismisses the request of (…)
Use of public authority prerogatives: the HCC dismisses the request of (…)

The High Constitutional Court (HCC) received more than 1,500 requests in electoral disputes during the legislative vote of May 29. Unsurprisingly, a large majority especially those from the opposition requesting the cancellation of votes were declared inadmissible or were rejected.

Among these requests are those filed by the Safidy Observatory and invalidated by the HCC. The Observatory denounced the use of public power prerogatives by the president. One of the requests from civil society concerns the cancellation of votes in the communes where Andry Rajoelina began a presidential tour during the legislative electoral campaign. A tour described as disguised propaganda by political observers. The latter has in fact repeatedly delivered speeches with connotations calling on voters to vote for those who align with his policies while inaugurating infrastructure. Several districts, especially those where IRMAR candidates were not necessarily in the favorite position, were entitled to this presidential visit. Civil society also based its petition arguments on this. According to the Ambohidahy Court, these trips by the president are legitimate and legal and are part of the logic of his presidential powers. She adds that the remarks made by the president cannot influence the voting decisions of voters and in no way favor one or more advantages or disadvantages for the candidates but remain purely presidential actions.

Some cancellations were however validated by the HCC. These are the votes of candidate No. 3 of the District of Maevatanana, Rasoarimalala Georgette (independent), who had 1,906 votes cancelled, having authorized the use of a building in the municipality for propaganda purposes during the campaign; 2,654 ballots of candidate No. 4 of the District of Fénérive Est, Raminoalisoa Andriniaina Herizo (Independent), also cancelled for having promised green bonds if he is elected while he is one of the principals of the Bureau Ifotony ny Fananantany (BIF), of; that of the Faratsiho District, Ramilison Nomenjanahary (Firaisankina) of 142 votes cancelled, tainted by irregularities, and the candidate n°1 of Moramanga, Rakotoarivelo Philibert (Independent) of 770 votes cancelled by the HCC, also for irregularities.

The majority of the applications were all dismissed for lack of or insufficient evidence, unconvincing evidence, failure to comply with the time limit for filing applications or failure to comply with certain conditions and criteria required by the Ambohidahy Court.

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