Former Kendhoo MP Ali Hussain has requested the Supreme Court issue an interim order so that MPs cannot be disqualified until the court decides on a constitutional case.
In a post on X, Ali said he asked the Supreme Court to issue an interim order on all state institutions that the procedures for the removal of MPs cannot be conducted until the Supreme Court decides on the constitutional case.
In November last year, a subsection (e) was added to Article 73 of the Constitution, specifying new conditions for the removal of MPs.
With the new amendment, MPs will lose their seat if they defect from the political party under whose ticket they were elected, join a political party after being elected as an independent candidate, or voluntarily leave or are expelled from their political party while in office.
Ali argued that the amendment was unconstitutional as they contravened the basic principles in Articles 4, 8, 5, 26, 75 and 90 of the Constitution and petitioned the Supreme Court to quash it.
On February 18, the Supreme Court decided to accept the case. Speaking during the hearings, lawyer Mahfooz Saeed said the amendment is not only unconstitutional but also not a feature of the presidential system.
"The Constitution places the utmost importance on the fundamental rights of the people and the existence of all powers of the state as originating and continuing from the people. The people will represent this power through their elected members," he stated.
After accepting the case, the court gave the Attorney General's (AG) office 10 days to respond.
