By Zaya Williams
Former St Mary’s South member of Parliament Kelvin ‘Shugy’ Simon is now celebrating a victory in the High Court with a judge ruling in his favor regarding the legal petition challenging the election.
Simon became an MP for the first time in the January elections, nabbing the seat from the Antigua and Barbuda Labour Party’s Samantha Marshall by almost 200 votes.
But shortly after his victory, St Mary’s South constituent brought a case against him claiming that his election was unlawful because he was still employed in the public service at the time of his nomination.
That petition was dismissed but Justice Jan Drysdale moments ago who agreed with arguments that as a result of Simon’s resignation, the ruling would no longer affect him since he has ceased to be a member of parliament.
Judge Drysdale also agreed that it was not for the court to decide who should fill the vacancy but that a by-election should proceed as prescribed by the constitution of Antigua & Barbuda.
The 43-year-old from Bolans has quit his job in the Ministry of Education as a guidance counsellor two weeks prior to the January 18 th polls.
After weeks of waiting for the case to conclude, Simon through in the towel resigning from his post to avoid a lengthy legal battle that he said was unfair to his constituents, further paving the way for a by-election.
By law, a by-election must be held within 120 days of an MP departing their post.