Court petition challenges Anti-Defection Act
While the specific articles being challenged have not been disclosed, the High Court has not yet decided whether to accept the case.
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A petition has been filed in the High Court seeking to annul certain provisions of the Anti-Defection Act, which mandates the resignation of members of parliament who change their political party affiliation after being elected on a party ticket.
The Anti-Defection Act was enacted in April under the administration of President Mohamed Muizzu. The bill, introduced by the opposition Maldives Democratic Party (MDP) in February 2023, aimed to address concerns over the potential buying and selling of parliamentary seats.
The petition was filed by a private individual, Mohamed Anees, on Monday. While the specific articles being challenged have not been disclosed, the High Court has not yet decided whether to accept the case.
The Act outlines three circumstances under which a member of Parliament is required to resign:
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If a member elected on a party ticket resigns from that party and registers with the Elections Commission under a different party.
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If a member registers with the Elections Commission as a member of another party during their elected term.
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If an independent member of parliament joins any political party during their elected term.
Under the law, a member is required to voluntarily resign from parliament in any of these cases. However, the Act does not specify what measures will be taken if the member does not resign.
