High Court of Maldives PHOTO:Nishan Ali/Mihaaru
Questions have been raised whether the High Court can legally proceed with the case filed by main opposition Maldivian Democratic Party (MDP) against the Elections Commission (EC), over abolishing MDP’s initial candidacy list for the Local Council Elections.
Initially 900 candidates had applied to take part in the local elections while it was scheduled for January 14. However, as the Civil Court had ordered to delay the election by two months, EC had eventually announced that all candidates should reapply for the election, now scheduled for April 8.
During the first hearing held early Thursday, Elections Commissions’ advocate from the Prosecutor General’s Office raised a procedural issue stating that the High Court is not entitled to carry out proceedings of the case.
PG Office’s lawyer stated that the High Court cannot proceed with an electoral complaint unless it had been filed at the EC first, and the applicant is unsatisfied with the commission’s decision. Pointing out that MDP has not filed any complaints regarding the matter to EC, she added that under Subject 64 of Elections General Act, the High Court is not authorised to hold proceedings of the case.
Furthermore, the judges also questioned MDP’s lawyer whether the High Court can hold proceedings under Subject 21 of the Elections General Act. Lawyer Anas Abdul Sattar replied in the affirmative, stating that EC had acted in violation of the law, but he requested additional time to respond to the matter.
Thursday’s proceeding was thus concluded with MDP’s lawyer granted an extension to prepare for the response.
Regarding the temporary order to enact the initial candidacy list, the judge replied that it would only be allowed if the court is allowed to hold proceedings of the case.
The Judges bench is chaired by Judge Ali Sameer and includes Judge Abdulla Hameed and Judge Abdul Rauf Ibrahim.
While the Civil Court had ordered to delay the election by two months, EC had already accepted candidacy of 900 candidates. Following the new elections’ date in accordance with the court order to postpone the election, EC had nullified the current candidacy list and opened applications again.