A constitutional case has been filed in the High Court seeking to stop the upcoming referendum vote scheduled for this Saturday on holding the Presidential and Parliamentary elections on the same day.
The case was filed by lawyer Mariyam Shunana, who alleges that the referendum question is contradictory and that the Elections Commission has failed to clearly explain the full purpose of holding the vote. She also claims that the procedures prescribed by law have been violated, and the referendum has been scheduled to align with the preference of President Dr Mohamed Muizzu, rather than following constitutional requirements.
The constitutional case highlights several concerns:
- The proposal to hold both elections on the same day requires a constitutional amendment. However, the current Parliament’s term expires on December 1, 2028, not through a constitutional amendment. According to the plaintiffs, the bill constitutes a non constitutional change to the expiry of the Parliament’s term. Two elections on the same day can only occur if Parliament is dissolved approximately 177 days before the current term ends, which has not been followed.
- The referendum was announced on February 16, 2026, with the vote scheduled for April 4, 2026, only 47 days later. The plaintiffs argue this is too short a period for public awareness, debate, and preparation by supporters and opponents, as well as for other election related activities.
- Essential referendum-related information, including ballot paper samples, the bill, and presidential resolutions, are not easily accessible in one place, which is considered a basic requirement for informed voting.
The suit seeks an interim order to stop the referendum. In the absence of such an injunction, the plaintiffs request that authorities be restrained from declaring, publishing, or acting on the results of the vote, or using the outcome as a legal, constitutional, or practical basis for any action.
Separately, the Supreme Court has scheduled hearings on a petition filed by lawyers Aik Ahmed Eesa and Ibrahim Shiyam, also seeking to prevent holding the presidential and parliamentary elections on the same day.
The bill to hold the elections together was submitted by PNC Parliamentary Group Leader Ibrahim Falah on behalf of the government and was passed by Parliament on March 10. Constitutional changes to allow the two elections on the same day require a majority vote in Parliament.
President Dr Mohamed Muizzu said that that holding the two elections together will save significant costs. Senior officials of the ruling PNC estimate the move could save around MVR 80 million annually.
