With support of a judge who recently joined High Court from PNC, MDP has lost its seat on Veyvah Council to PNC

The High Court of the Maldives has ordered a re-announcement of the results for the election of a member to the Veyvah Island Council.

This case was filed with the High Court of the Maldives regarding the results of the ballot box stationed in Veyvah during the recent local council elections. The petition was submitted by the candidate representing the People's National Congress (PNC). The seat for the constituency was won by the Maldivian Democratic Party (MDP) candidate.

Given the Maldivian Democratic Party's (MDP) vested interest in the matter, the party has formally intervened in the case. In its intervention, the MDP requested the court to uphold the results previously announced by the Elections Commission as the final and permanent outcome.

Based on the facts of the case, the MDP candidate had already secured the election by a two-vote margin during the initial count of the disputed ballot box. Even after a recount was conducted following a formal complaint by the PNC candidate, the MDP candidate maintained the lead and won the election by the same two-vote margin.

The dispute in this case centers on the determination of invalid votes. During the recount, the Elections Commission (EC) provided a clear explanation as to why these specific ballots were deemed valid. The EC clarified that the markings on the ballot papers were not intentional drawings or scribbles. Instead, the Commission accepted the three ballots as valid after determining that the marks were the result of ink bleeding during the printing process.

The Elections Commission reached this decision because the dots were black, whereas blue pens were used for voting. Furthermore, the marks were smaller than the tip of a standard pen.

During the High Court proceedings, Novelty responded by stating that the presence of such a small speck was a possibility within the standard paper printing process.

High Court Judge Mohamed Shaneez stated that the law explicitly prohibits any marks or symbols on a ballot paper, noting that the presence of such markings compromises the secrecy of the vote. The court further emphasized that it is the responsibility of the Elections Commission to individually inspect the ballots and ensure they are free of any such identifying marks.

The court noted that even if the issue arose during printing, the votes cannot be considered valid if the secrecy of the ballot is compromised. Consequently, the judge ruled to invalidate the three votes previously credited to the MDP.

Judge Abdulla Rauf Ibrahim supported the decision. He is a candidate who contested the recent parliamentary elections on the PNC ticket.

Consequently, this decision means that the PNC candidate will emerge victorious once the results are recounted. The High Court ruling was delivered by a three-judge bench consisting of Judge Mohamed Shaneez Abdulla, Judge Ibrahim Mahir, and Judge Abdul Rauf Ibrahim.