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Parliament seats to be lost through party crossing or expulsion

An amendment has been proposed to the Constitution which would see Members of Parliament lose their seats if they resign or are expelled from the political party they represent, or transfer to another party.

Mariyath Mohamed
20 November 2024, MVT 09:57
Parliament.
Mariyath Mohamed
20 November 2024, MVT 09:57

An amendment has been proposed to the Constitution which would see Members of Parliament lose their seats if they resign or are expelled from the political party they represent, or transfer to another party.

Hulhudhoo constituency MP from ruling People's National Congress (PNC) Mohamed Shahid submitted this amendment which states that if a member is elected to the parliament through contesting via a political party, then they will lose their seat if they resign from their party, join a different party or are expelled from the party.

The amendment further states that if an independent MP joins a political party, they, too, will lose their seat.

While this amendment has now been proposed to parliament, the Anti Defection Act passed by the 19th Parliament also states that members must submit their resignation from the seat on their own volition within 7 days of party changing in these three ways.

However, that Act does not define actions that can be taken in the instance a member of parliament refuses to resign as instructed in the law.

The High Court currently has a case lodged with them by a member of the public seeking to revoke some of the articles in this Act.

Ruling People's National Congress (PNC) holds a super majority in the current parliament. Many of their members were elected as independents, but later joined PNC.

The first hearing of this amendment is scheduled for today's parliament sitting.

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