Second Court Order on 2nd round of Presidential Election

This is an accurate, direct translation (unofficial) of the Court Order of the Supreme Court of Maldives issued on September 26, 2013 in relation to the 2nd round of presidential election. 
The original, official version is available on the Supreme Court website in Dhivehi. 

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Supreme Court of Maldives

Male’

Maldives

Number: 2013/SC-S/06

Court Order of the Supreme Court of Maldives

As Article 141 of the Constitution of the Republic of Maldives clearly states that, only the judicial power out of the three powers of the State is the competent authority vested with the discretion and power to establish justice through adjudication and legal decisions in relation to disputes between a power from among the three powers of the State or a State institution and another party, or disputes between individuals; and as Article 145(c) of the Constitution states and stipulates that the Supreme Court shall be the final authority on the interpretation of the Constitution, the law, or any other matter dealt with by a court of law; section 20(b) of the Judicature Act states, in unequivocal language,  that “a Supreme Court ruling on a matter shall be conformed to by the Executive, the Parliament, the Judiciary, those in independent posts, state institutions, those holding state positions, the police and the defence force and all the citizens”, and challenge or disobedience to a Supreme Court verdict or Order cannot be allowed within the jurisdiction of the Constitution of the Republic of Maldives;

Not to act in any manner that contravenes the Court Order number 2013/SC-VA-J/02 issued, in connection with the Supreme Court case number 2013/SC-C/42, on September 23, 2013; and order with reference to Article 144(b) of the Constitution to defer any undertakings by Elections Commission in preparation of the second round of presidential election of September 7, 2013 until the Supreme Court decides on case number 2013/SC‑C/42; and with reference to  Article 237 of the Constitution, hereby order the security forces to, in addition to Supreme Court Order number 2013/SC-VA-J/02 to execute the matters set out in this Order as stated; and to promptly stop anyone who acts in contravention of this Order in any manner.

20 Zul-Qaida 1434

26 September 2013

[signed by]

Chief Justice Ahmed Faiz Hussain

Justice Abdulla Saeed

Justice Abdulla Areef

Justice Ali Hameed Mohamed

Justice Adam Mohamed Abdulla

Justice Dr Ahmed Abdulla Didi 

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.

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Supreme Court of the Maldives

Male

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.

[signed]

Ahmed Faiz Hussain

Chief Justice