The Edition
facebook icon twitter icon instagram icon linkedin icon

Latest

Supreme Court reinstates ousted Dhidhoo MP Latheef

Rae Munavvar
08 October 2018, MVT 17:49
Abdul Latheef Mohamed of Dhidhoo constituency. PHOTO: MIHAARU
Rae Munavvar
08 October 2018, MVT 17:49

The Supreme Court on Monday ruled that Abdul Latheef Mohamed of Dhidhoo constituency has not lost his seat in parliament.

The Elections Commission (EC) had declared Latheef disqualified from parliament, in relation to the Supreme Court's prickly anti-defection ruling last year, which stated that any lawmaker who resigned or was dismissed after July 13, 2017 from the political party they were registered at during the time of their election to parliament, would lose their seat by default.

MP Latheef, elected as an independent candidate, was vacated from his seat by EC, as he had defected from ruling Progressive Party of Maldives (PPM). Although he had joined the party after his election, left prior to the ruling, the commission maintained that the lawmaker had defected following said decision.

The verdict was reached unanimously by all five judges on the top court's bench.

In the verdict announced more than a year after MP Latheef first filed the case, Chief Justice Dr. Ahmed Abdulla Didi stated that the letter of resignation submitted by Latheef to PPM prior to the top court's anti-defection ruling on July 13, 2017, served as evidence to the fact. The Chief Justice also affirmed that while EC had not stated confirmation over the receipt of a copy of the letter, the commission had declared Waheed disqualified based on a matter that took place prior to the anti-defection ruling.

The Chief Justice further noted that the Supreme Court had followed up with another order on July 16, 2017, in which the court had declared that its anti-defection ruling could not be applied retroactively, stating that hence, MP Latheef could not be unseated.

Moreover, the Chief Justice highlighted that despite MP Latheef signing the vote of no confidence against Parliament Speaker Abdulla Maseeh after submitting his resignation from PPM and the subsequent refusal to withdraw his signature provoking PPM's move to dismiss him from the party, the decision was not found to be in accordance with the Political Parties Act.

It was also mentioned that as the Act did not state that party membership would be dissolved following the removal of the former member's name from the party's official charter, the resignation would be considered valid as MP Latheef had submitted the letter in June 2017.

Stating that although the Anti-Defection Act had been implemented on July 13, 2017, the Chief Justice declared that the case did not fall under its ruling parameters.

Outlining the basis for the verdict, the Chief Justice announced the unanimous ruling made by the five judges to overturn EC's decision, affirming that MP Latheef has not lost his seat.

Latheef is amongst 12 lawmakers who were declared disqualified from the parliament over the anti-defection ruling. While all 12 have also filed at the top court to overturn the EC's decision to oust them, the court so far has held the hearings of only Latheef, Thulusdhoo MP Waheed, Villingili MP Saud Hussain and Maduvvari MP Mohamed Ameeth.

So far, all 4 hearings have resulted in the reinstatement of the respective MPs.

Further for the remaining 8 lawmakers are yet to be held.

The EC last week had reverted its previous decision to expel the 12 lawmakers from parliament. However, the Supreme Court nullified the EC's decision, stating that only the top court was authorised to look into the cases from a constitutional perspective and reach a verdict.

MORE ON NEWS