Following the passage of the constitutional amendment that includes provisions for Members of Parliament (MPs) to lose their seats if they switch parties, the High Court has dismissed a petition challenging the validity of the same provision in the Anti-Defection Act.
The petition, filed as a constitutional case by a member of the public, argued that while the Constitution outlines the circumstances and procedures for removal or resignation of members of parliament, the newer Anti-Defection Act mandating the removal of membership in certain situations is unlawful.
High Court Registrar Mariyam Hurshida dismissed the case, citing that the Constitution had been amended since the case was filed, rendering the basis of the challenge invalid.
The amended Constitution now stipulates that an elected member will lose their seat if they switch to another political party, are expelled from their party, or, in the case of independent members, join a political party during their term in parliament.
A related case challenging these articles has been filed with the Supreme Court. While the Supreme Court has accepted the case, no hearings have been scheduled as the court is currently in recess.
Meanwhile, the opposition parties, the Maldivian Democratic Party (MDP) and The Democrats, have decided to intervene in the Supreme Court case.
