Use of public power prerogatives: the HCC rejects the request for (…)

Use of public power prerogatives: the HCC rejects the request for (…)
Use of public power prerogatives: the HCC rejects the request for (…)

The High Constitutional Court (HCC) received more than 1,500 petitions for electoral disputes during the legislative elections 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 authority prerogatives by the president. One of the requests from civil society concerns the cancellation of votes in the municipalities where Andry Rajoelina began a presidential tour during the legislative election campaign. A tour described as disguised propaganda by political observers. The latter has indeed made speeches on several occasions with connotations calling on voters to vote for those who align with his policy while inaugurating infrastructure. Several districts, especially those where IRMAR candidates were not necessarily in the position of favorites, were entitled to this presidential visit. Civil society has also based its arguments for the request on this. According to the Court of Ambohidahy, these trips by the president are legitimate and legal and are in line with the logic of his presidential attributions. She added that the remarks made by the president cannot influence the voting decisions of voters and in no way favour one or more advantages or disadvantages for the candidates but remain purely presidential actions.

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