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Top court nullifies EC's decision to reinstate unseated lawmakers

Fathmath Shaahunaz
03 October 2018, MVT 22:01
opposition parliament members/ suspended members
Fathmath Shaahunaz
03 October 2018, MVT 22:01

The Supreme Court on Wednesday night nullified the Elections Commission (EC)'s decision to reinstate 12 opposition parliamentarians that the commission previously unseated last year.

EC had decided in a meeting held earlier the same day, to revert its decision from last year to remove 12 parliamentarians that had shifted from ruling Progressive Party of Maldives (PPM) to opposition parties. In the gathering, the commission also nullified its decision to hold by-elections for the expelled MPs' constituencies.

EC's abrupt decision came while cases filed by the 12 lawmakers at the Supreme Court, seeking to revert their disqualification, are still ongoing.

In the ruling issued by the top court on Wednesday night nullifying EC's decision, the court stated that only the Supreme Court of Maldives was authorised to look into the case from a constitutional perspective and reach a verdict. The order read that neither the Elections Commission nor any other state institution was accorded the authority to make a decision while the Supreme Court was reviewing the case.

The apex court also warned that such decisions taken by other institutions could be constituted as an infringement of the judiciary's power and an attempt to exert undue influence.

The ruling further declared that the 12 lawmakers in question cannot participate in parliamentary responsibilities until the Supreme Court announced a verdict. The court warned that any legislative decisions taken at a parliament sitting or parliamentary committee meeting with any of the 12 lawmakers, would be considered unconstitutional and invalid.

The Supreme Court had held and concluded hearings on Monday and Tuesday for the cases of four of the 12 lawmakers, with only their verdict readings pending. According to the Constitution, only the Supreme Court has the final say on matters regarding parliament seat disputes.

The members previously declared disqualified by the EC are Dhangethi MP Ilham Ahmed, Machangolhi South MP Abdulla Sinan, Dhidhdhoo MP Abdul Latheef Mohamed, Hanimaadhoo MP Hussain Shahudhy, Ihavandhoo MP Mohamed Abdulla, Thinadhoo North MP Saudullah Hilmy, Thinadhoo South MP Abdulla Ahmed, Thimarafushi MP Mohamed Musthafa, Fuvahmulah North MP Ali Shah, Thulusdhoo MP Mohamed Waheed, Villingili MP Saud Hussain, and Maduvvari MP Mohamed Ameeth.

Recently, Fuvahmulah South MP Ali Fazad also lost his seat in parliament under the Anti Defection Act, after his removal from PPM.

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