The Attorney General’s Office told the Supreme Court yesterday that MPs will not lose their seats even if they are expelled from the political parties they represent.
The state’s legal position was clarified during a hearing regarding a constitutional challenge seeking to nullify new provisions to the Constitution, which state that an MP would lose their seat upon expulsion from their party.
"In the current situation, if a Member of Parliament belonging to a party is expelled by that party, they do not lose their seat for the purposes of Article 73. That is our position," State Counsel Ali Shuhail Mohamed stated yesterday.
Article 73(e)(1) of the Constitution stipulates that an MP shall lose their seat if they are expelled from their political party "in accordance with the manner prescribed by law."
The state argues that the specific law referenced in that constitutional provision does not yet exist. Consequently, the government maintains that an MP cannot be removed from office simply by being expelled from their party at this time.
"We interpret this as a law that is to be enacted in the future," Shuhail explained.
However, the state clarified that an MP would still lose their seat if they voluntarily resign from their party or sign with a different political party.
The state’s reasoning is that the Constitution does not require a supplementary law to govern cases where an MP voluntarily resigns or joins another party, unlike the provision regarding party-led expulsions.
The case was filed at the Supreme Court by former Kendhoo MP Ali Hussain. The opposition Maldivian Democratic Party (MDP) has also intervened in the matter.
The amendments brought to Article 73 of the Constitution are as follows:
(e) A member elected to the People’s Majlis shall vacate their seat if any of the following circumstances occur during the term of the Majlis for which they were elected:
1 - Having been elected to the People’s Majlis as a candidate of a specific political party, the member voluntarily resigns from that party, is expelled from the party in the manner prescribed by law, or becomes a member of a political party other than the one they represented.
2 - A Member of Parliament, during the term for which they were elected, voluntarily resigns from the party they represent, is expelled from the party in the manner prescribed by law, or becomes a member of a political party other than the one they represented.
3 - Having been elected to the People’s Majlis as an independent candidate, the member joins a political party during the term for which they were elected.
