Government proposed bill on anti-defection violates constitution: ex-legal director at Elections Commission

The government proposed anti-defection bill in parliament violates the spirit of the constitution, says Haneefa Khalid, the former legal director of the Elections Commission.

Haneefa spoke to RaajjeTV on Sunday night, and said that the Elections Commission does not have the authority to unseat lawmakers, under the constitution.

She said if the parliament wishes to give the Elections Commission authority to do so, it should amend the constitution’s clauses on the mandate of the commission and on ballots.

The commission’s former legal director further said that the bill has a number of clauses that would violate the constitution if its passed.

She said that she does not believe it should be passed and expressed her hope that Attorney General Mohamed Anil and the Elections Commission would address this.

Haneefa had also spoken about the condition of the Elections Commission, especially on the qualifications of its members.

“Those appointed to the Elections Commission in most other countries have academic qualifications close to the standard of High Court judges” she said.

Haneefa said that the commission seems to be biased, and that she does not believe its members are adequately qualified to execute its mandate.