The Elections Commission’s decision on Wednesday night is legally sound and thus will stand, says former chief justice Ahmed Faiz Hussein.

Faiz, who was removed from his position at the helm of the Maldivian judiciary by the Judicial Services Commission, highlighted three points that makes the decision right.

1. Only the Supreme Court has authority to declare that a lawmaker has been disqualified, as per Article 74 of the Maldivian Constitution.
2. In previous cases regarding the status of lawmakers’ seats, a lawmaker has not been deemed to have lost his position until clear directorate as such is given by the Supreme Court.
3. While a case regarding their status is ongoing at the Supreme Court, they have ‘cover’ under Article 74 until a decision is made on the matter.

The Elections Commission decided on Wednesday that by-elections will not be held for the constituencies represented by 12 lawmakers contentiously dismissed by the commission earlier.

The reinstatement of these dozen lawmakers will give the opposition a clear majority in parliament, however the Supreme Court has quashed the decision on the basis that they are currently presiding over a case regarding their status.