Nasheed's motion: Parliament believes solution is to amend to the regulation

Parliament, said at the Supreme Court on Monday, that any other changes to the mandate that the deputy speaker of the parliament must preside over a no-confidence motion filed against the speaker can only be made by amending the parliament's regulations. 

As per the parliament’s regulation, a no-confidence motion against the speaker of the parliament must be presided by the deputy speaker. The regulation does not provide instructions for circumstances where the deputy speaker is unavailable.

The no-confidence motion against Parliament Speaker Mohamed Nasheed, submitted by MDP, remains stalled as Deputy Speaker Eva Abdulla had not attended the sessions, despite being scheduled on five different days. MDP, which holds the supermajority in the parliament, refused to cooperate with any other parliamentary works while the no-confidence motion was pending. 

Supreme Court commenced hearings for the petition filed by MDP seeking to resolve the deadlock on Monday. 

At the hearing, Parliament's Council General Fathimath Filza stressed that the responsibilities of the Deputy Speaker of the Parliament cannot turned over to another member of the Parliament. Therefore, as per the existing regulations of the Parliament, she said another MP cannot preside over the no-confidence motion against the Speaker. 

Filza, among reasons why the Deputy Speaker should preside over the no-confidence motion against the Speaker, said the issue of such a magnitude should be presided over by the next person in line to assume responsibility for the parliament. 

She pointed out that the five persons who can assume the chair of the parliament under circumstances the Speaker of the Parliament and the Deputy Speaker of the Parliament are unavailable or indisposed, will not take on the responsibilities and duties of running the Parliament.

"The issue of no confidence against the Speaker of Parliament is the most important issue that will come in a term of Parliament. Therefore, because of the importance given to the issue, the next most key officer in parliament [Deputy Speaker] will chair this,” Filza explained.

Justice Husnu Al Suood then asked how the deadlock in parliament can be resolved if both the Speaker and Deputy Speaker are not chairing the parliament. 

In response, Filza said there was no situation that can halt the work of the parliament other than when a no-confidence motion is moved against the Speaker of the Parliament. However, she said tabling the motion does not equate to the motion being put forth at the sitting. 

When asked again about how the Parliament could continue without interruption, Filza said the rules of procedure of Parliament should be amended, adding the recommendation had been made.

"An amendment [change] to the [parliamentary] rules should be made," Filza said.

Filza said there is still an opportunity to amend the regulations. 

The issue of Nasheed's dismissal was first put on the agenda on last week Sunday. However, the case could not be continued that week as Eva was absent due to her illness. This week, she said she did not believe she could preside over the motion as MDP had taken the matter to the Supreme Court.

The parliamentary secretariate has since said it will not table the no-confidence motion on the agenda until the relevant case in the Supreme Court is resolved.