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| Speaker Wade Mark |
Prime Minister Kamla Persad-Bissessar has written to Wade Mark asking him to declare Volney's seat vacant because he is no longer a member of the party on whose ticket he won the St Joseph seat in the 2007 general election.
She said she is guided by the constitution in this matter. Her letter, dated August 26 to Mark stated in part:
"Section 49A of the Constitution clearly sets out the steps that must be taken by the Speaker of the House of Representatives in these circumstances. Having brought to your attention the fact that Mr Volney is no longer a member of the UNC, I call upon your good self at the next sitting of the House of Representatives to perform your constitutional duty by declaring that Mr Volney has resigned from the UNC.
“I await your declaration at the next sitting of the House of Representatives, in accordance with Section 49A of the Constitution that Mr Herbert Volney has resigned from the UNC...
“As the Political Leader of the UNC, I consider it to be my constitutional duty under Section 49A of the Constitution to inform your good self that by virtue of his resignation, Mr Volney is no longer a member of the UNC, the party for which he was a candidate when he was elected as the Member of Parliament for St Joseph in the May 24, 2010, parliamentary elections,” Persad-Bissessar stated.
Volney is adamant that Mark cannot act against him. He told the Guardian newspaper, "The fact is, I don’t expect the Speaker to act without jurisdiction and rashly. If he acts rashly then I shall have my day elsewhere. The Constitution is very clear. They cannot unseat me at this time."
Volney has stated publicly that if the Speaker declares the seat vacant he would challenge the decision in court all the way to the Privy Council.
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