Supreme Court invalidates anti-defection clause in Decentralisation Act
04 Dec 2012, 4:07 PM
Mohamed Naahee
The Supreme Court has on Tuesday invalidated clause 119(e) of the Decentralization Act, which had prevented a councilor from switching political parties after he was elected.
The clause was brought into force following an amendment proposed to the Act on January 2011.
The Supreme Court’s seven-member bench held that the concerned clause contradicted the articles 30(a) and 26(c) of the constitution.
The case was filed by Independent MP and lawyer Ibrahim Riza and Lawyer Ahmed Shaheem who argued that the clause was unconstitutional. Jumhoree Party (JP) Youth Wing Leader Moosa Anwar also intervened in the case.
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