Supreme Court on Monday annulled the clause in the Political Parties Act which barred candidates, who failed in party primaries, from contesting in the parliamentary elections.
The issue was filed at the apex court by local businessman and special envoy of President Ibrahim Mohamed Solih, Abdulla Jabir, along with lawyer Abdul Maniu Hussain and Ahmed Mohamed. Jabir had failed to secure the ticket for Kaashidhoo constituency in the primary election held by Maldivian Democratic Party (MDP).
In its verdict, the Supreme Court stated that the clause barring candidates who fail primaries from contesting in the parliamentary elections, was in violation of the Constitution.
The court thus ordered the Elections Commission to allow such candidates to submit their applications by 1600 hours on March 4.
During the hearings, the state maintained that the clause in the Political Parties Act barring failed candidates from the parliament, curtailed the right to contest in the election in accordance with the policy stated in Article 16 'Guarantee of Rights' of the Constitution. The state highlighted that the Article permitted curtailing a right in accordance with policies established in independent, democratic societies.
However, the plaintiffs retaliated that barring of failed candidates was practised only in countries with well-established policies. They stated that the situation in Maldives was different, noting that primaries were not mandated and policies were also lacking.
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