Court orders disqualifying parliamentarians, not constitutionally sound: MP Nasheed

Court orders do not have the authority to disqualify parliamentarians, MP Mohamed Nasheed said in reference to the ongoing Attorney General’s case with the Supreme Court seeking to ban floor-crossing.

MP Nasheed, the representative for the South-Kulhudhuffushi constituency, said this in a post on his personal blog. Nasheed broke his longstanding silence on current affairs to say that he does not see how a court order can constitutionally cause parliamentarians to lose their seats, without it having erode the doctrine of separating powers.

Nasheed said that such a ruling would only be effective it is enshrined in the constitution, and even then, would only be in effect from the next electoral term onwards. He further said that the Maldivian constitution only highlights the importance of political parties only to the extent that it is a right of the people.

He added that the constitution places more focus on the obligation parliamentarians and other elected officials have to represent their constituents – and those that had elected them – which cannot always be done if one were to remain primarily loyal to party allegiances.

25 parliamentarians face losing their seats if the Attorney General’s case with the Supreme Court asking judges to disqualify MPs who switch party allegiances – which was filed in reference to Articles 30, 74, and 75 of the constitution – passed in the state’s favour.