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High Court dismisses Shunana’s constitutional case to stop referendum

Lawyer Mariyam Shunana of Shunana & Co. LLP. (Photo/Dhen)

The High Court has dismissed the constitutional motion filed by lawyer Mariyam Shunana seeking to halt Saturday’s public referendum on whether presidential and parliamentary elections should be held on the same day.

Shunana filed the case on Wednesday, arguing that the referendum question contained discrepancies and that the Elections Commission had not been fully informed of the purpose of the vote.

However, High Court Registrar Mariyam Hurshida ruled that the court could not constitutionally hear the case. She said there was no legal basis to treat the presidential resolution issued by President Dr. Mohamed Muizzu on 16 February last year as having the force of law, and therefore the High Court lacked jurisdiction.

The registrar also noted that Shunana’s filing did not establish whether the presidential decree was issued under parliamentary authority or within the framework of any enabling legislation.

Shunana had highlighted that only 47 days separated the date of the resolution and the referendum, arguing that this was insufficient time for public awareness, debate, and other election‑related preparations.

She also sought an interim injunction to stop the referendum and to prevent authorities from announcing or giving any legal or constitutional effect to the results. The registrar rejected these requests.

Separately, MDP lawyers have filed a related case in the Supreme Court.

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