Supreme Court denies injunction to suspend anti-defection clauses pending final judgement

The Supreme Court has denied injunction seeking to suspend the application of anti-defection clauses written into the Constitution pending final judgement by the court in the case challenging the constitutionality of the controversial provisions.

The constitutional amendment in question was submitted, passed and ratified in quick succession on November 20, 2024. It added three more circumstances where parliamentarians will lose their seat. They are:

• If a parliamentarian resigns from or is dismissed or expelled from the party that they were elected on behalf of
• If a parliamentarian switches parties or is dismissed or expelled from a party
• If an independent parliamentarian joins a party

Former Kendhoo MP Ali Hussain, an attorney-at-law, filed a constitutional case with the top court on November 24, 2024, seeking to have the provisions annulled.

He also requested the court to issue two injunctions, one of which was to suspend the application of the anti-defection provisions pending a final judgement, and the other of which was to suspend misconduct investigations or dismissals of any of the judges on the bench pending a final judgement.

Ali Hussain’s attorney Sheena Mohamed told Sun on Sunday that the court has denied both injunctions.

She said that the court denied the first injunction citing that it may affect the final judgement on the subject, and the second one citing that such an injunction would pertain to the judges making a decision by themselves regarding something that personally affects them.

But Sheena expressed concern that the court failed to properly explain their reasoning for denying the injunctions.

The state maintains that the amendment is constitutional and that the Parliament is well within its powers to make such a change, while Ali Hussain argues that it hinders the power of the people.

The court has wrapped up the hearings in the case, and is set to deliver its judgement next.