Monday, 30 September 2013

Interim Order to indefinitely postpone 2nd round of Presidential Election

This is an accurate, direct translation (unofficial) of the Interim Order of the Supreme Court of Maldives issued on September 23, 2013, to indefinitely postpone the 2nd round of presidential election. 
The original, official version is available on the Supreme Court website in Dhivehi.

Supreme Court of the Maldives

                                                                                                                                       Number: 2013/SC-VA-J/02

Interim Order

·        Case Number: 2013/SC-C/42
·        Party requesting the Order: Jumhoori Party
·        Order issued for: Elections Commission
·        Subject: Constitutional matter
·        Date of filing: 15 September 2013
·        Date of registration: 16 September 2013
·        Date of completion: 23 September 2013

This  is regarding, on the first round of the Maldives presidential election on September 7, 2013, the processes and procedures of the first round election were in contravention of the Constitution, electoral statutory laws and Supreme Court decision 2013/SC-C/39; and, to determine that it is a right of every candidate to obtain the marked voters list of all who voted in that election; and, as the complete eligible voters list used in that election was not compiled in accordance with the procedures set out in the legal framework and the Supreme Court decision 2013/SC-C/39 to declare the voters list used in the election to be invalid; and, to decide that the election was a deprivation of some fundamental rights of the people provided by the Constitution; and that, the election was held in contravention of electoral laws;  and that, the election was  in contravention of stated procedure in the State’s Constitutional framework; and by citing these, requesting to annul that election; submitted under Article 113 of the Constitution, sections 10(b) and 11(a)(1) and (3) of the Judicature Act 22/2010, and as the claimant in that matter has requested an interim order against the Elections Commission to discontinue with the second round of that election announced as scheduled for September 28, 2013; the Supreme Court by considering the issues raised by the claimant, the Constitution, the practices that are followed in issuing Orders of these types of constitutional matters and judicial procedures, and having considered the case being mindful of the type of the matter; until the Supreme Court comes to a decision and concludes this case, the Elections Commission and the relevant State authorities are ordered to postpone the second round of the election scheduled for September 28, 2013 with reference to Article 144(b) of the Constitution.

[Signed by]
Justice Abdulla Saeed
Justice Ali Hameed Mohamed
Justice Adam Mohamed Abdulla
Justice Dr Abdulla Mohamed Didi

Note: This is order is issued by the Supreme Court after the matter was discussed in a meeting of all Justices of the Court and upon the majority decision of the Justices.

Ahmed Faiz Hussain
Chief Justice   

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