Anti-defection ruling will not apply retroactively, clarifies Supreme Court

Anti-defection ruling will not apply retroactively, clarifies Supreme Court
July 17 18:21 2017

Lawmakers who left their parties before Thursday’s controversial anti-defection ruling will not be stripped of their seats, the Supreme Court clarified in an order issued Sunday night.

The apex court explained that the ruling “cannot be enforced retrospectively” following confusion and uncertainty over the status of 10 renegade MPs who left the governing Progressive Party of Maldives after signing an opposition-led no-confidence motion against the speaker.

The lawmakers quit en masse after the Attorney General sought the anti-defection ruling, but the PPM secretariat refused to accept their resignation citing ongoing inquiries by its ethics committee.

The MPs have also been told to retract their signatures on the no-confidence motion by midnight.

But the lawmakers insist they are no longer PPM MPs and opposition-aligned lawyers say the 10 MPs cannot be disqualified because they submitted resignation letters days before the Supreme Court ruling.

According to the Supreme Court ruling, MPs who were elected on political party tickets will lose their seat once the Elections Commission informs parliament that they have either left their party, been expelled, or switched parties. The disqualified lawmaker will be able to contest the by-election triggered by the vacancy.

Sunday night’s court order also clarified that ruling will not apply if any “procedures related to the three conditions” were carried out before Thursday.

The ruling also applies to MPs who won their seats on a political party ticket. Of the ten renegade lawmakers, only MPs Abdulla Sinan, Saudhullah Hilmy and Ali Shah were PPM candidates. The rest were elected as opposition Maldivian Democratic Party, Jumhooree Party and independent candidates.

In its order Sunday night, the Supreme Court also sought to address criticism from lawmakers and lawyers, who contend that the ruling was unconstitutional and inconsistent with the Judicature Act, the political parties law and a 2012 precedent.

The Judicature Act requires five judges to hear constitutional cases but the anti-defection ruling was issued by a three-judge panel led by Chief Justice Abdulla Saeed.

The court said the provision no longer applies because the law was amended in late 2014 to reduce the bench from seven to five judges.

“Under the first amendment to the Judicature Act, the bench of the Supreme Court is now five judges. Thus an odd number of judges that will be the majority of the bench is three,” reads the order.

The ruling does not exempt following due process as laid out in the political parties law or the governing statutes of parties, it added.

Article 16 of the Political Party Act states that membership can be relinquished without prior notice and that elected representatives will retain their seats despite expulsion from the party.

Citing Article 145 of the constitution, which states that “the Supreme Court shall be the final authority on the interpretation of the Constitution, the law, or any other matter dealt with by a court of law,” the order declared that the apex court’s decisions cannot be challenged “on legal, jurisdictional or thematic grounds.”

The order concluded with a warning of action under contempt of court rules against misleading reports in the media.

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  1. Michael Fahmy (not nickname)
    July 17, 20:18 #1 Michael Fahmy (not nickname)

    Maldives has no educated class of people and no independent judiciary. Islam and money pollute our national waters. Those who drink this water will be poisoned and die they will. I am sick to death that I was unfortunately born in the Maldives. Leaders cannot lead. People cannot speak. We have Maldive fish, of course, and coconuts and bananas. But they do not have the ingredients that will produce democracy as people in Finland and Britain know it.

    Reply to this comment
  2. MissIndia
    July 19, 18:54 #2 MissIndia

    Michael, I couldn’t agree more with you. Are you a Christian and are you banned from practising your faith in the country of your birth?
    Maldives is like most Muslim countries in the world today, ruled by dictators, despots, army officers and autocratic royals. There is no democracy, no independent judiciary, no religious freedom and no press freedom. Only mosques at every street corner and enough religious claptrap to drive you insane. We Indians have nothing in common with you.
    Don’t travel to India for tourism, studies or medical treatment, don’t buy our products, and don’t watch our movies or online media.

    Reply to this comment
    • Vishall
      July 21, 10:01 Vishall

      This harijan lady got real mental problems. Because Hindus don’t allow them inside there’s temples.

      Reply to this comment
    • dooky
      July 23, 14:47 dooky

      dont come to Maldives to work and feed your poverty family …we Indians allow a Italian Dalit woman to run the country and convert hindus to Christianity …the whole world is laugh about the politics ,,corruption …cast in poverty India seems that a Maldivien guy ditched this old woman this is why she is why she is vomiting shit…dalits are not allowed inside temple in poverty India ..but Indians worshipe Dalit Italian woman even called her Soniajee he he he

      Reply to this comment
  3. MissIndia
    July 23, 16:37 #3 MissIndia

    The poverty in India is no different to the poverty on your remote atolls. At least we have access to good schools and hospitals and our shopping centres are bursting with locally produced goods. There are more dollar millionaires in India than there are people in the Maldives. People like me! My English language skills must give an indication of my education and social class. Most people commenting here can hardly string two words of English together. Too much time at the mosque listening to hate preachers!
    India has one of the fastest growing economies in the world today. That is why people from underdeveloped neighbouring countries come to India for higher studied, medical treatment and shopping. We also supply most of your needs. Everything from foodstuffs, building materials, motor vehicles, clothing, textiles, books and petroleum products. All your medicines are manufactured in India (your recreational drugs, if you get my drift, are supplied by your mates in Pakistan and Afghanistan). Even your bottled drinking water is imported from India. You would not be able to survive without Indian imports.
    The lungis you wrap around your bodies to go tuna fishing also come from India as do your chaddis and chappals.
    How is the jihad coming along? It will be great if ALL the men in Maldives are shipped out to Syria and Iraq. Then we can all live in peace.

    Reply to this comment
    • DOOKY
      July 25, 17:03 DOOKY

      Your social class he he he then why you work in Maldives for few hundred dollars …even today Indians kids study under tree and come to school just for free meal ..after eating go home and look after cattle..he he he India has got millionaires probably 10 but millions of beggars living on streets ……poverty Indians don `t know the names of foreign they call FARIN DRESS…and look at foreign tourists like rabid dogs …your democracy has become an international laughing stock ..corruption from top to bottom ,,illiterate poverty voters caste their vote for money and free liquor …dont jum too much ..How many baby girls buried this week in poverty India ? How many dowry related deaths ? Delhi is the rape capital of the world ..poverty India can’t give security to her own citizen ..if husband committed a crime uneducated Panchayat chief tell villagers to rape his wife ..what a beautiful Hindu law

      Reply to this comment
    • Ken in Cape Town
      July 25, 17:49 Ken in Cape Town

      Well roared, lioness!

      Reply to this comment
  4. dooky
    July 25, 17:09 #4 dooky

    Yes according to regional magazines in poverty India they also manufacture drugs for AIDS he he he but no buyers ..go and see the way they make medicine and foods in poverty India ..all cottage industry thriving near cattle sheds and open air toilets …no doubt drinking water direct from rivers where poverty Indians shit …

    Reply to this comment
  5. MissIndia
    July 27, 03:23 #5 MissIndia

    I don’t know what gives you fisherfolk the impression that I live and work in the Maldives. Educated, upper class Indians like me have no need to take up third rate jobs in fourth rate countries. Indians like me only holiday in the Maldives. Seriously, can you imagine posh and elegant me gutting fish on a trawler? Or cleaning out holiday chalets on some godforsaken resort in the middle of nowhere? When will you mallus realise that Maldives is a backward little dump in the middle of the Indian Ocean? Male is the most crowded capital city in the world and the poverty on the remote atolls is on par with sub saharan Africa.
    So glad the Pakistani PM is visiting. He hopes to set up an anti terrorism unit in the Maldives….he he he. That would be perfect, as the Pakistanis have so much experience in terrorism. They have been terrorising India for the last seventy years and they would be the perfect teachers. They also follow the same intolerant religion as you and share your fondness for that brown sugary stuff that is produced in such abundance by your mates in Afghanistan. The Pakistani PM should also make arrangements for you to attend the Islamic universities and hospitals of Pakistan so you don’t have to come to India at all.
    That will please a lot of Indians, especially me.
    Next time you go to the supermarket and see MADE IN INDIA on the product, put it back on the shelf. With our booming economy, exceeding that of China this year, we do not need the Maldives market at all.
    Time to wrap that lungi boys and catch some more fish.

    Reply to this comment
  6. ahmed
    July 27, 12:49 #6 ahmed

    i really like this miss India.In total agreement with .eventhough im from here

    Reply to this comment

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