AG, representing majlis, advocates against majlis

The State has said in court today that a sitting on a no-confidence motion against a Parliament Speaker can be conducted even in the absence of the Deputy Speaker. The no-confidence motion submitted by Maldivian Democratic Party (MDP) against Parliament Speaker Mohamed Nasheed has been stalled for over a week due to Deputy Speaker Eva Abdulla's failure to attend sittings, citing illness. Parliament Secretariat maintains that it is obligatory for a parliament sitting concerning no confidence action against a Speaker be presided over by the Deputy Speaker. Subsequently, MDP lodged a case at the Supreme Court, seeking interpretation of the laws and an order that sittings can be continued even in the absence of the Deputy Speaker. The Attorney General's Office (AGO), meant to be representing the parliament, instead advocated against the parliament's stand in today's court hearing. AGO Counsel General Fathimath Haleem stated in court today that the Parliament Secretariat's decision to not conduct sittings in the absence of the Deputy Speaker is wrongful. Previously, the AG has provided legal advice to the government against the Parliament's decision to proceed with sittings on the State budget while parking the no-confidence motion. In compliance with his advice, Finance Minister Ibrahim Ameer refused to attend parliament to present the proposed budget. The AGO stated in court today that it is not compulsory for the Deputy Speaker to preside over a sitting consulting on a no-confidence motion against the Speaker. They pointed out that the Constitution and the Parliament Regulations do not stipulate a certain person to be presiding over sittings even when a no-confidence motion is submitted against a sitting President. The AG office also noted that other parliamentary work cannot be conducted without first having decided on the matter of no-confidence, highlighting the need to expedite the matter. They appealed to to the Supreme Court to bear this in mind when deciding on the legal interpretation. The bench proceeded to question the AGO if the stalling of the no-confidence motion would obstruct the upcoming Presidential Inauguration. They responded that there will be no obstruction to the inauguration, but there might be challenges faced in approving cabinet members proposed by the incoming administration. The AGO appealed to the bench to rule that the no-confidence motion can be conducted by having one of the five longest serving parliamentarians preside over the sitting if the Deputy Speaker is unable to attend. The bench is presided over by Judge Mahaz Ali Zahir, and includes Judge Dr Azmiralda Zahir, Judge HusnuSuood, Judge Ali Rasheed and Judge Dr Mohamed Ibrahim.