Legal counsel for a former Conservative Party of BC candidate is demanding that Elections BC "immediately resume" its investigation into potential violations of the Election Act in the Surrey-Guildford electoral district during the 2024 provincial election.
Honveer Singh Randhawa is challenging the results of the Oct. 19 provincial election in Surrey-Guildford, which saw NDP MLA Garry Begg re-elected after a judicial recount by a margin of just 22 votes.
Randhawa's attorney, Sunny Uppal, sent a letter dated Feb. 10 to Elections BC asking for a response within seven days. The letter asks for the chief electoral officer to immediately resume its investigation.
"Should the Chief Electoral Officer decide not to continue with his investigation, my client hereby demands that he provide his reasoning for failing to do so within 7-days of this letter so that his reasoning can be subject to judicial review," reads the letter.
Randhawa filed a complaint with Elections BC on Jan. 3, and on Jan. 9, Elections BC confirmed that the complaint was under review.
Just four days later, Randhawa filed a petition in B.C. Supreme Court asking that the election of New Democrat Garry Begg be declared invalid under Section 150 of the Election Act.
In a news release on Jan. 28, Elections BC noted that Randhawa's complaint is "substantively the same as the allegations made in the court petition."
"Upon judicial determination of the petition, Elections BC will consider whether to resume its review of Mr. Randhawa鈥檚 complaint, and whether or not further investigation is warranted," noted the release.
Uppal believes that the decision of the chief electoral officer "is based on a misunderstanding of administrative law."
"Contrary to what the Chief Electoral Officer is claiming, the Complaint and Petition, even if based on the same facts, are not likely to result in contradictory findings of fact because the purpose and scope of the proceedings is very different, with one potentially resulting in the October 19, 2024 election being invalidated and the other one focusing on such election irregularities not occurring again in the future," reads the letter.
