Speaker Mohamed Aslam has proposed repealing provisions in Parliament's rules for counting the number of MPs.
The provision states that the total membership of the People's Majlis would be counted without vacant seats if a seat becomes vacant six months before parliamentary elections (when a by-election cannot be held).
The new provision was added to Parliament's rules after the Attorney General's office asked the Supreme Court to strike down the previous provision on counting the total membership. After it was removed from the rules, the Supreme Court ruled that the old provision was unconstitutional.
At the start of today's sitting of Parliament, Speaker Aslam asked MPs to make a decision on repealing the new provision.
The provision states, "In the circumstance where an MP cannot be elected to a vacant seat because it is six months or less from the date that a seat is vacated after an MP as stated in Article 78 of the Constitution resigns as an MP to the date of the next general elections of the People's Majlis, the vacated seat will not be included in counting the total membership of the People's Majlis."
The Supreme Court ruled as unconstitutional:
- (g) For the purposes of this regulation, the total number of sitting MPs will be considered in counting the total membership of the People's Majlis
- (h) An electoral constituency will not be included in counting the total membership of the Majlis until an MP is elected to the seat of any electoral constituency, except when it is done due to the end of the People's Majlis term.
- (i) If there is any change to the total Majlis membership during an ongoing term of the People's Majlis, the Speaker must announce the change at the next Majlis sitting after the date of the change.
The Supreme Court also issued a stay order after the Attorney General's Office petitioned the apex court to halt enforcement of the provisions in Section 49 on counting the total membership. However, Parliament passed a motion to not comply with the order and to continue counting MPs in accordance with the rules.
