The Parliament Secretariat cannot interpret the constitution and laws in a way that would stop the work of the legislative branch, stated the Maldivian Democratic Party (MDP) on Sunday.
Sunday's sitting to move a no-confidence motion filed to remove former President Mohamed Nasheed as Speaker of Parliament was canceled after Deputy Speaker Eva Abdulla took sick leave.
Parliament's rules require the Deputy Speaker to preside over a sitting with the impeachment of the Speaker on the agenda, according to Secretary General Fathimath Niusha.
MDP has petitioned the Supreme Court to declare that the cancelation of the sitting contravened parliament's rules and is seeking an order to declare that the sitting could be held under section 44.
Section 44 of the rules states that if the Speaker recuses himself from presiding over a sitting, the Speaker must assign an MP to preside in his place.
MDP said the petition was submitted based on key four points.
"The rules and the constitution say that no other work can be done without deciding on this [no-confidence motion]. In this circumstance, no other parliamentary work can proceed," said MDP legal committee member Ahmed Abdulla Afeef.
"This is not what the Constitution envisages. This is not how parliamentary practice is. The parliament should not stop."
Accordingly, the parliamentary rules are shaped to ensure that work can continue without interruption and laws and rules cannot be interpreted in any other way, he added.
"If the Speaker cannot be present, there are five other MPs who can lead. That is what has already been determined. The five members are designated to preside over sittings if such a circumstance arises," Afeef said.
"Article 44(a) of the standing orders should be followed."
The MDP said it believes that the article must be implemented in the current situation in parliament.
