Maldives' top court indefinitely delays pres runoff

Sep 23, 2013 - 10:04 2 comments
  • Ballot boxes sealed and vote counting in the presidential election underway throughout the Maldives on September 7, 2013. HAVEERU VOLUNTEERS PHOTO

Supreme court on Monday issued an injunction delaying the second round of the presidential elections slated for this Saturday.

The order signed by the majority of four judges of the seven judge bench asked the elections commission and all relevant state institutions to delay the runoff until the court rules on the case filed by Jumhoory Party (JP) seeking annulment of the first round results alleging vote rigging.

The court had referred to Article 144 (2) of the constitution which states that when deciding a constitutional matter within its jurisdiction, a court may in connection with a declaration pursuant to article (b) make any order that is just and
equitable.

That under the Article includes an order providing just compensation for
any damage sustained by any person or group of persons due to any statute, regulation or action that is inconsistent with the Constitution; or an order suspending the declaration of invalidity (of a statute, regulation or action due to inconsistency with the Constitution) for any period and on any conditions, to allow the competent authority to correct the defect.

Article 144 (1) states that the courts may declare that any statute, regulation or part thereof, order, decision or action of any person or body performing a public function that is inconsistent with the Constitution is invalid to
the extent of the inconsistency.

The ruling was discussed by all judges on the seven member bench, before being signed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla and Justice Dr Ahmed Abdulla Didi.

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