Supreme Court rules for Dhaandhoo MP to retain seat
16 ނޮވެމްބަރު 2020 | ހޯމަ 11:10The legitimacy of MP Yaugoob’s seat was questioned following his appointment to the ICAM
Dhaandhoo constituency MP Yaugoob Abdulla
Supreme Court ruled in favour of Dhaandhoo constituency MP Yaugoob Abdulla, over the legitimacy of his seat.
Mohamed Haleem, former judge of the Civil Court lodged the case at the top court after Yaugoob's appointment to the council of the Institute of Chartered Accountants of the Maldives (ICAM).
Article 73 (d) of the Maldives Constitution, a parliamentarian shall not continue to hold post in any other office of the state except an office held by virtue of being an MP. The constitution also notes means through which a parliamentarian will lose his or her seat.
As such, Article 73 (c) states that a person “shall be disqualified from election as a member of the People’s Majlis, or a member of the People’s Majlis immediately becomes disqualified, if they have a decreed debt which is not being paid as provided in the judgement, have been convicted of a criminal offence and is serving a sentence of more than twelve months, have been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three 22 years has elapsed since release, or pardon for the offence for which he/she was sentenced and if they are a member of the judiciary".
Supreme Court in its ruling noted that membership at ICAM cannot be counted as holding a position at a state institution.
A such, the court said that institutes such as ICAM and Bar Council are not state bodies, adding that such institutes are run by those in the professions.
Following the questions over the legitimacy of his Majlis seat, the MP had resigned after a day of being appointed.
Institute of Chartered Accountants of the Maldives was established in September, as “a legal body mandated with the regulation of the accounting profession in the Maldives”.
