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SC verdict: Nasheed's no-confidence motion can move forward in Eva's absence

Mariyath Mohamed
09 November 2023, MVT 18:22
Parliament's Secretary General Fathimath Niusha and Counsel General Fathimath Filza appear before court today: The Supreme Court has ruled that speaker Mohamed Nasheed's no-confidence motion was mishandled Photo: Fayaz Moosa / Mihaaru
Mariyath Mohamed
09 November 2023, MVT 18:22

The Supreme Court has reached a verdict on the constitutional case regarding the Speaker's no confidence motion submitted against the Parliament by the Maldivian Democratic Party (MDP) today.

In their verdict today, the court stated that the Parliament Secretariat had misconstrued the parliamentary regulations by limiting the presiding authority to Deputy Speaker Eva Abdulla during a sitting where a no-confidence motion against the Parliament Speaker Mohamed Nasheed was placed on the agenda. The court said that the regulations should not be interpreted in a manner that could bring the functioning of the parliament to a standstill.

The case was submitted by MDP following numerous failed attempts to conduct a parliament sitting to confer on a no-confidence motion the party had submitted against Speaker Nasheed.

The secretariat maintained that they could not conduct the sittings as Deputy Speaker Eva Abdulla remained on sick leave and the parliament regulations stipulated that only the Deputy Speaker can preside over a sitting overseeing a no confidence motion against the Speaker.

MDP contested the secretariat's interpretation and stated that in situations where both the Speaker and the Deputy Speaker are unable to preside, the five members required to be appointed under the parliament regulations can act as a solution to the legal vacuum.

The court said in its verdict that there was no provision in the regulation prohibiting the five MPs from presiding in such situations.

Inauguration can be conducted without impediments

MDP further appealed to the Apex court to rule that no other work can be conducted in parliament without first deciding on the matter of no confidence.

In relation to this, Supreme Court ruled that the Parliament must conduct all work made compulsory to them through the Constitution, even in the instance that a Speaker's no confidence motion remains parked.

The verdict stated that the Presidential Inauguration of President Elect Dr Mohamed Muizzu, as well as the approval of his cabinet, are amongst the work the Parliament is legally obligated to fulfill, and that there are no instances where they can refuse to conduct said actions.

The Supreme Court bench was presided over by Justice Mahaz Ali Zahir, and included Justice Dr. Azmiralda Zahir, Justice Husnu Suood, Justice Ali Rasheed and Justice Dr. Mohamed Ibrahim.

The Democrats, as well as the People's National Congress (PNC) and Progressive Party of Maldives (PPM) coalition intervened in the case.

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