Constitutional challenge filed in High Court to block referendum vote!
Attorney Mariyam Shunana has filed a case with the High Court to block the upcoming referendum on consolidating presidential and parliamentary elections, citing a lack of public awareness and insufficient preparation time. The legal challenge raises questions regarding the constitutional implications of shortening parliamentary terms and seeks an emergency injunction to halt the referendum proceedings.
Shunana speaking during RaajjeTV's "Fala Surukhee" program. | RaajjeMV | RaajjeMV
A constitutional case has been filed with the High Court of the Maldives seeking to block a planned referendum on holding presidential and parliamentary elections concurrently.
The case was filed in the High Court by legal counsel Mariyam Shunana. In her submission, Shunana also requested an interim order to halt the conduct of the referendum.
The grounds for the challenge include the failure to establish a centralized mechanism for easily accessing referendum-related information—such as sample ballot papers, the relevant bill, and the presidential decree—as well as the lack of adequate time to prepare for the election proceedings.
Furthermore, Shunana highlighted the ambiguity surrounding Article 4 of the amendment, questioning whether its provisions would be formally integrated into the Constitution upon ratification. The article stipulates that the term of the current Parliament will expire on December 1, 2028. It further mandates that the first elections following the enactment of this law must be conducted in accordance with the legal framework, with all necessary appointments finalized in time for the inaugural session of the new Parliament to be held on December 1, 2028.
In the case submitted by Shunana, it is argued that while the current parliamentary term is set to expire on December 1, 2028, holding both elections on the same day would require dissolving the sitting Parliament approximately 177 days before its constitutional five-year term concludes. The petition further notes that no such provision has been included as a constitutional amendment to facilitate this change.
Legal experts are also pointing out that, in its current form, it is unclear where the proposed amendment to Article 4 would be positioned within the Constitution.
