Former Vice President of the Elections Commission Ismail Habeeb has stated that candidates who left the ruling People's National Congress (PNC) to contest independently in the parliamentary election cannot be disqualified for rejoining the party.
Former Vice President of the Elections Commission (EC) Ismail Habeeb has stated that candidates who left the ruling People's National Congress (PNC) to contest independently in the parliamentary election cannot be disqualified for rejoining the party as they have not violated the constitution and the Anti-defection Act.
The Anti-defection Act passed by the opposition Maldivian Democratic Party (MDP)'s majority in parliament allows for MP-elects to change parties without violating the Act as long as they do so within the time between becoming elected and swearing in as members of a new parliament.
Habeeb made this statement in response to recent discussions regarding whether a member would lose their seat in Parliament if they registered with a political party after being elected as an independent candidate.
Habeeb, who has served at EC for many years, stated that the six MP-elects that had signed to parties following Sunday's parliamentary elections do not violate any requirements of Article 73, section (c) of the Maldivian Constitution.
Irrespective of this, Habeeb added that no law can be used to deprive anyone of the rights guaranteed in Articles 30, 59, 63, 69 and 73 (b) of the Maldivian Constitution.
Opposition MDP leaders in Parliament hastened to pass the Anti-defection Act on April 1, asserting that MPs who switched parties after the start of their term would be required to resign their seats in Parliament. However, members of the legal fraternity have expressed concerns regarding the effectiveness of the bill, as amended, in achieving this objective.
Confusion has arisen among both legal professionals and parliamentarians due to the Anti-defection Act detailing additional conditions that might disqualify a member of parliament from their seat, which is unconstitutional as there are already set conditions for the disqualification of MPs.
Referring to the recent signing of a number of MP-elects to PNC, Habeeb stated that as per Article 3, section (e) of the Anti-defection Act, the 20th People's Parliament had not yet begun and any elected member had the opportunity to join a party of his choice before May 28.
The Anti-defection Act states that MPs must resign from their seats if EC notifies the Parliament that an independently-elected member has registered to a political party in the middle of their elected term.
However, the 20th Parliament will only formally come into session on May 28, which leaves MP-elects with a window of time where they may possibly change parties without being in apparent violation of the Anti-defection Act.
1. MP-elect for Huraa constituency Dr Anaara Naeem
2. MP-elect for Mathiveri constituency Hassan Zareer
3. MP-elect for Central Machangoalhi constituency Ahmed Zameer
4. MP-elect for Thimarafushi constituency Ahmed Riyaz
5. MP-elect for Naifaru constituency Yaaseen Abdulla
6. MP-elect for Villingilli constituency Azim Abdul Azeez
7. MP-elect for Nolhivaram constituency Mohamed Rasheed
Five of the six MP-elects who joined the ruling PNC after the election were registered as members of the party in the past, and had stepped away from the party to contest as independent candidates against party-ticket winners in their respective constituencies. Of the seven new MP-elects who signed on Wednesday, MP-elect for Thimarafushi constituency Ahmed Riyaz and MP-elect for Nolhivaram constituency Mohamed Rasheed are newcomers to the ruling party, which has secured a supermajority in parliament following Sunday's vote.
With the addition of the seven new MP-elects who have joined PNC, the ruling party will have a supermajority in the 20th Parliament without relying on the support of any other political parties. The ruling PNC has secured 72 seats in the new Parliament, which is set to be sworn in next month.
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