Veteran calypsonian Morel “King Luta” Peters is no longer seeking an injunction against the Trinbago Unified Calypsonians Organisation (TUCO) as part of his legal action against it over its failure to hold a by-election following the passing of former TUCO president Lutalo “Brother Resistance” Massimba.
In December, last year, Peters filed a lawsuit over the issue including an application for an injunction compelling the election.
Guardian Media understands that Peters’ lawyer withdrew the injunction aspect of the case when it came up for a preliminary hearing before Justice Kevin Ramcharan, yesterday morning.
The decision on the injunction means that former TUCO Vice President and current President Ainsley King would remain in the post at least until the lawsuit is determined by Justice Ramcharan or until the organisation’s general council decides to host the election.
The first case management hearing of the substantive case is set to take place on March 2.
In his lawsuit, Peters, a two-time Calypso Monarch, is claiming that the organisation’s General Council breached its constitution when it voted for King to be elevated to the post, after Massimba passed away on July 13, last year.
The 71-year-old from Barrackpore is relying on Article 9(j) of the organisation’s constitution, which states that the General Council has the power to fill a vacancy by the show of hands or by secret ballot until the by-election takes place, which will be no later than three months of such vacancy arising.
In his affidavit attached to his lawsuit, Peters sought to explain why he is pursuing the lawsuit.
“I am very interested in seeing that TUCO is properly governed and that the best interests of calypsonians are taken into account in so doing and I stand to be directly affected by the decision taken by the Defendant in its capacity as the governing body for calypsonians in T&T,” Peters said.
Peters claimed that after he threatened legal action in October, last year, General Secretary Shirlane Hendrickson failed to address his concerns over the alleged breach of the constitution.
“It is clear that the Defendant has no intention of rescinding its decision and remains defiant in its ‘elevation’ of Mr King to the Presidency of the organisation,” Peters said.
In an interview with Guardian Media, when the issue was raised by Peters, late last year, King, the former Chairman of TUCO’s Tobago Zone, denied any wrongdoing as he claimed that similar action was taken by the General Council in the past to fill unexpected vacancies.
“I threw the direction and future of the organisation in the hands of them. They were the ones who decided that based on what is happening and the interpretation, let us have a vote and vote was taken,” King said at the time.
Peters is being represented by Peter Taylor, while Umesh Maharaj and Nerisa Bala are representing TUCO.