The Guyana Rice Producers Association (GRPA) is asking the High Court to quash the appointment of the Chairman of the Rice Assessment Committee (RAC) of Region Five (Mahaica-Berbice), Omadatt Chandan. The GRPA also wants the Court to set aside all decisions taken by the Committee since its establishment. The Fixed Date Application was filed by Attorney Anil Nandlall and the matter has been fixed for hearing on December 11, 2019. In the legal documents seen by Guyana Times, the GRPA is asking the Court to declare that Chandan’s appointment is contrary to law, in excess of jurisdiction, violates the provisions of the Rice Farmers (Security of Tenure Act) Chapter 69:02, is an abuse of power, is in breach of the Constitution of Guyana, is in breach of the principles of natural justice, is illegal, ultra vires, null, void and of no effect, and as such, issue an Order of Certiorari to quash his June 2018 appointment made by the Minister of Agriculture. The Association is also seeking an Order of Certiorari to quash all the decisions/orders made by Chandan, by having the Court declare that those decisions/orders in proceedings instituted by the Mahaica/Mahaicony/Abary- Agricultural Development Authority (MMA-ADA) – the third named defendant in the proceedings – under the Rice Farmers (Security of Tenure) Act, Chapter 69:02, against 20 of its members are contrary to law, in excess of jurisdiction, violates the provisions of the Rice Farmers(Security of Tenure Act) Chapter 69:02, are an abuse of power, are in breach of the Constitution of Guyana, are in breach of the principles of natural justice, are illegal, ultra vires, null, void and of no effect. GRPA members Rameshwar Ramdatt, Arjune Persaud, Inshan Bacchus, Ahmad Subhan, Samad Rahim, Afraz Chintaman, Harripaul Baldeo, Rajesh Bissoon, Satyanand Persaud, Anirhu Rachpaul, Gewanram Khaderu, Bibi Salima Raffoodeen, Gopichand Ramjit, Lakeram Persaud, Rahaman Sherreiff, Seznarine, Ramdharie Girdharie, Albert Subhan, Ameer Ullah and Dhansew Sewsankar all had proceedings filed against them. Those cases commenced hearing at the Mahaicony Magistrate’s Court on October 8, 2019. As such, the Association wants the High Court to also issue an Order of Certiorari quashing all those proceedings, by declaring that the cases filed by Chandan under the Rice Farmers (Security of Tenure) Act, Chapter 69:02, against the 20 GRPA members are contrary to law, in excess of jurisdiction, violates the provisions of the Rice Farmers (Security of Tenure Act) Chapter 69:02, are an abuse of power, are illegal, ultra vires, null, void and of no effect. Further, the GRPA is asking the Court to issue a declaration that all proceedings filed by the MMA-ADA under the Rice Farmers(Security of Tenure) Act, Chapter 69:02, against its members are contrary to law, in excess of jurisdiction, violates the provisions of the Rice Farmers(Security of Tenure Act) Chapter 69:02, are an abuse of power, are illegal, ultra vires, null, void and of no effect, and as such, an Order of Certiorari should be issued, quashing all those proceedings. The Dharamkumar Seeraj-headed GRPA is also asking for any further orders or other reliefs the court deems just, along with costs. Since last year, Attorney Nandlall, representing the dozens of rice farmers at the Hope Estate who are being taken to court by Government for failing to pay a unilateral increase in land rents, had objected to the composition of the Rice Assessment Committee that was established to resolve the matter. Under the Rice Farmers (Security of Tenure) Act, all issues in relation to the recovery of rent of rice lands are governed by the Act, which provides for a Rice Assessment Committee to be the tribunal which determines all issues relating to rice lands. The Act also outlines how the Committee should be constituted and the qualifications of those appointed as members of the Committee. These appointments are made by the Agriculture Minister. Nandlall argued that the persons who constitute the Committee do not possess the qualifications as prescribed by the Act.
