MDP: Supreme Court’s ruling undermines Elections Commission’s autonomy

The order by Supreme Court to re-open application to allow candidates defeated in party primaries to contest in the upcoming parliamentary elections undermines the independence and autonomy of Elections Commission (EC), say main ruling party, Maldivian Democratic Party (MDP).

The top court, last Monday, annulled Article 10 of the Political Parties Act - which disqualified candidates defeated in internal elections by political parties from contesting in national elections – due to its conflict with the constitutional right of citizens to contest in elections.

It also ordered EC to re-open application – which closed on February 21 - and keep it open until March 4 to allow candidates defeated in primaries to contest in the parliamentary elections if they wished.

MDP issued a statement within moments after the top court issued its ruling, alleging the ruling was directed specifically at MDP.

Speaking during a press conference outside EC headquarters this Tuesday afternoon, leader of MDP’s parliamentary group, North Hithadhoo MP Mohamed Aslam said MDP was concerned over the decision by a court of law to change a pre-determined timetable by EC for an election.

“[MDP is concerned about] a change brought to the dates [of an election] through the Supreme Court or any other court of law. Such incidents have taken place during previous elections. Such actions threaten the independence and autonomy of the Elections Commission,” said Aslam.

Aslam said the country needed to find a solution to such issues, and that no changes to the timetable should be brought so close to an election.

“MDP, as part of its campaign to reform the judiciary, wishes address this and take preventive measures against such decisions. The laws which will be created through the Agenda 19 is designed to challenge the Supreme Court,” added Aslam.

PARLIAMENTARY ELECTIONS WILL NOT BE POSTPONED

Senior members of MDP, this Tuesday, met with members of the EC to share the party’s concerns over the Supreme Court decision.

Speaking to press after the meeting, Aslam said the party had shared concern over possible changes to the timetable for the parliamentary elections, including the date of the elections itself.

“The Elections Commission reassured us it does not plan on changing any dates, other than the re-opening of application,” said Aslam.

EC has announced it will respect the Supreme Court’s ruling, and re-opened application – from February 25 – March 4 - to allow candidates defeated in primaries to apply.

Aslam said MDP selected its candidates through a free and fair primary, and that the ruling by Supreme Court undermined the very purpose primaries.

He said the MDP discussed further legal application of primaries with the EC.

“We discussed ways to further legally implement this [decisions made during primaries]. And we also discussed this within the [MDP] parliamentary group today,” said Aslam.

He said the MDP parliamentary group will respond with a decision on its course of action, whether a legislative or constitutional amendment.

MDP, at the parliamentary elections on April 6, will be contesting for 86 seats.

77 of its 86 candidates were determined through primaries. And the remaining nine candidates were awarded automatic nomination owing to lack of oponents.