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The Democrats intervenes Nasheed's dismissal from parliament

Mohamed Rehan
12 November 2023, MVT 12:14
Mohamed Nasheed; the no-confidence motion against him remains a contested matter with ongoing disputes-- Photo: Mihaaru
Mohamed Rehan
12 November 2023, MVT 12:14

The Democrats has intervened the no-confidence motion against Mohamed Nasheed, to remove him as the Parliament Speaker, calling it unlawful.

Despite multiple attempts to advance the motion in previous sittings, it was finally included on the agenda for Sunday's sitting, November 12, following the recent Supreme Court verdict.

However, The Democrats, the party to which Nasheed belongs, intervened in Sunday's sitting proceedings.

Nasheed's no-confidence motion stalled in the parliament due to Deputy Speaker Eva Abdulla being on leave. After several unsuccessful attempts to table the motion, the Maldivian Democratic Party (MDP) filed a constitutional lawsuit with the Supreme Court, seeking an alternative to the Deputy Speaker to preside over the parliamentary sitting.

After the issue was filed at the Supreme Court, Eva recused herself from presiding as the chair, stating that she would abstain from her duties until the top court delivered a verdict on the matter.

Supreme Court in its verdict held that discretion for the five of the longest-serving MPs to preside as chair, in cases where both the Speaker and Deputy Speaker are unable to chair the sitting, was inclusive for a no-confidence motion as well. The top court's order held that as per the parliament regulations there were no exemptional circumstances where the MPs cannot preside as chair.

The top court in its order further held that the parliament regulation clearly ensures the chair does not become void in any circumstance, adding that the regulation in the case of Nasheed's no-confidence motion, should be interpreted in the same manner by referring to all relevant provisions.

Despite Eva still being on leave for Sunday's sitting, the parliament went ahead with Vilufushi MP Hassan Afeef presiding as the chair of the sitting. However, the proceedings faced disruption as The Democrats' parliamentary group leader and Central-Henveiru MP Ali Azim interrupted with a point of order.

Commotion inside parliament chamber during Sunday's sitting over Afeef's decision to dismiss the no-confidence motion against Speaker Mohamed Nasheed--

MP Azim said that it was unclear whether the ruling party had submitted a motion or an extraordinary resolution for the no-confidence motion. In response, MP Afeef clarified that the motion had been submitted in accordance with Article 82 of the Maldives Constitution.

MP Azim countered that motions submitted to the parliament must meet specific criteria and characteristics.

"I do not see a preamble on this motion," Azim asserted, stating that the party would not allow the motion to proceed unless rectified.

Maradhoo MP Ibrahim Shareef countered with a point of order noting Speaker Nasheed was challenging the Supreme Court order to retain his seat on baseless statements.

Members of The Democrats in the parliament interrupted Sunday's sitting with continued points of order with claims that the motion cannot proceed.

The dispute surrounding the motion continued, causing it to stall once more.

Speaker Nasheed will receive a 30-minute response window for the motion, with three minutes reserved for each member to submit their argument.

The motion, submitted with 49 signatures of MDP members, will require the majority votes of the respective parliamentary sitting in which it is successfully tabled and proceeded.

Sunday's sitting abruptly concluded with MP Afeef declaring the motion was in violation of the parliament regulation.

During the sitting, MP Afeef highlighted that the recent verdict from the Supreme Court has altered the proceedings of the parliament as well.

"Previously we followed Article 265 of the regulation which states that the Deputy Speaker will preside as chair on such matters [no-confidence against the Speaker], but the Supreme Court's decision has set a different precedent," MP Afeef said.

He further said that the top court's precedent will reflect other relevant provisions of the regulation as well.

"As such, I accept the point of order submitted by Central-Henveiru MP Ali Azim. This motion has not been submitted as per the regulation, so I order the motion to be resubmitted with rectification, we conclude the matter for now," MP Afeef added.

It was later confirmed that parliament's Secretary General Fathimath Niusha advised against the dismissal of Nasheed's no-confidence motion to MP Afeef.

A parliament MP speaking with Mihaaru News confirmed MP Afeef adjourned Sunday's sitting despite the Secretary General's advise against it.

While Nasheed's no-confidence motion has faced repeated delays, being placed on the agenda of parliament sittings multiple times, the recent verdict from the Supreme Court on the lawsuit by the Maldivian Democratic Party (MDP) clarified that there was no legal obstruction to his presence at the oath-taking ceremony of Dr. Mohamed Muizzu.

The outgoing ruling party alleges that Speaker Nasheed was deliberately delaying his dismissal until the new government takes charge.

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