Chief Judge decides to overturn Registrar’s rejection of case on Thinadhoo Mayor’s suspension
The decision was signed by Civil Court Chief Judge Maryam Waheed
Thinadhoo City Mayor Saud Ali
The Civil Court has overturned the Registrar's decision to reject the case concerning the case concerning the suspension of Thinadhoo City's Mayor and Deputy Mayor, ruling that it is a case that must be registered.
In the decision signed by Civil Court Chief Judge Maryam Waheed, the court stated that since the case filed by Saud Ali and Nasrullah Ali is one that must be registered as a court case, if there are any procedural requirements to be completed in the submitted claim form, an opportunity should be given to complete them in accordance with the rules, after which the Registrar should make a decision regarding the form.
The case submitted to the Civil Court is one seeking a ruling that the Local Government Authority (LGA)'s decision to suspend Mayor Saud Ali and Deputy Mayor Nasrullah Ali is unlawful.
LGA suspended Mayor Saud and Deputy Mayor Nasrullah without pay in late June. The authority stated that the decision was made following an inquiry involving 19 issues. Saud was suspended for a period of three months, while Nasrullah was suspended for one month.
Upon submission of the case, the Civil Court's Registrar decided that the court lacked jurisdiction to hear the case and that it could not be registered as a court case.
In the form requesting a review of the Registrar's decision, the plaintiffs' lawyer stated that Section 146 of the Decentralization Act, which the Registrar cited in determining that the Civil Court cannot hear the case, is not applicable to the case filed by the plaintiffs.
Lawyer Ahmed Maaroof, highlighted that this section describes the procedure to follow when an issue not covered by the Decentralization Act arises. He explained that the section specifically outlines two scenarios: when an issue not covered by the Act arises, or when a dispute occurs between two councils. In such cases, LGA has the authority to make a decision, and any party dissatisfied with LGA's decision has the right to appeal to the High Court of Maldives. The lawyer argued that since the section clearly specifies these two scenarios, it cannot be applied to other situations unless explicitly stated elsewhere in the Act.
The case challenges LGA's decision to suspend the Mayor and Deputy Mayor of Thinadhoo City Council under Section 62 of the Decentralization Act. The plaintiffs argue that the officials were suspended for allegedly failing to adequately perform their duties and responsibilities, misusing council powers and resources, and violating the code of conduct for councilors. They contend that this action taken under Section 62 of the Act is in violation of that same section and question its legal validity.
