Council members won

Supreme Court has passed a ruling today that, Island and Atoll Council members will not lose their seats if they change their political parties.

Supreme Court passed the ruling after deliberating a matter of constitutional inconsistency brought before the Court by Moosa Anwar of Laamige, Seenu Hithadhoo.

Supreme Court ruling states that the clause in the Decentralization Act which states that, changing political party or being forcibly removed from a party will result in a Council Member being automatically expelled from his post, is in contradiction to article 26 (c) and article 30 (a) of the constitution.

While the Supreme Court has made such a ruling, H. A. Filladhoo Council Member lost his seat when he changed his party from DRP to MDP, and a by-election was also consequently carried out earlier this year.

The Supreme Court ruling stated that, “We hereby declare that, with the unanimous vote of the Supreme court bench, Act number 2011/2 to Act number 2010/7, the section added to the article 119 (e) of the Act on Decentralization which states that a person who has stood for election and won on a political party ticket, thereafter changes his party or, is forcibly removed from his party, would lose his council seat, is in contradiction to article 26 (c) and article 30 (a) of the Constitution of the Republic of Maldives, and that Act number 2/2011 to Act number 2010/7, the Act on Decentralization article number 119 (e) is now void.”