Supreme Court schedules hearing regarding legal challenge over MPs losing seats upon dismissal from political parties
The Supreme Court has scheduled a hearing for Tuesday regarding a constitutional challenge filed by lawyer Ali Hussain seeking to nullify a recent amendment that triggers the loss of a parliamentary seat if a member is expelled from their party. Under the contested amendment, a member expelled from their party would only lose their seat if a constituency referendum confirms the decision. The case, which is being presided over by the full bench of seven Supreme Court justices, has also seen the opposition Maldivian Democratic Party (MDP) intervene in the proceedings.
Supreme Court of the Maldives. | Supreme Court | Supreme Court of Maldives
The Supreme Court has scheduled a hearing for Tuesday regarding the legal challenge over Members of Parliament losing their seats upon dismissal from their respective political parties.
According to the Supreme Court website, the hearing has been scheduled for 10:30 a.m. this Tuesday. The case was filed by attorney Ali Hussain and is being contested by the Attorney General's Office.
In November 2024, the People’s Majlis passed an amendment ensuring that a Member of Parliament would immediately lose their seat upon dismissal from their political party, bypassing the requirement for a public referendum. The bill to amend the Constitution was introduced on behalf of the government by Ibrahim Shujau, the Member of Parliament for the Baarah constituency.
Shujau proposed a constitutional amendment stipulating that a Member of Parliament would only lose their seat following expulsion from their party if a public vote determines they should be removed from office. The People's Majlis passed this amendment to the Constitution on November 20, 2024. President Dr. Mohamed Muizzu ratified the amendment on the same day.
The proposed amendment to Article 73 of the Constitution stipulates that if a Member of Parliament is dismissed from the political party they represent in accordance with the law, they shall only lose their seat if a majority of constituents in their elected district vote in favor of their removal through a public referendum conducted as prescribed by law.
Former Member of Parliament for the Kendhoo constituency and legal counsel Ali Hussain filed a petition with the Supreme Court on November 24 last year, seeking to invalidate a recent constitutional amendment. The Maldivian Democratic Party (MDP) has since intervened in the case. The initial hearing of the matter, presided over by a full bench of seven Supreme Court justices, was held in February last year. Ali Hussain has previously expressed concern over the significant delays in the legal proceedings.
The bench presiding over this case consists of Chief Justice Abdul Ghani Mohamed, Justice Aisha Shujune Muhammad, Justice Ali Rasheed Hussain, Justice Dr. Mohamed Ibrahim, Justice Hussain Shaheed, Justice Abdulla Hameed, and Justice Mohamed Saleem.
