Ali Hussain challenges constitutional amendment on seat loss
The amendment, passed in November last year, was approved within a day of being introduced in Parliament.
Former Kendhoo MP and lawyer Ali Hussain on Monday requested the Supreme Court to annul recent amendments to the Constitution that allow the loss of a parliamentary seat due to party membership changes and that the amendment does not apply to current members of Parliament.
The amendment, passed in November last year, was approved within a day of being introduced in Parliament. The provisions of the amendment state that a member will lose their seat if:
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They resign from the political party under which they were elected.
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They join another political party.
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They are expelled from their political party as per legal provisions.
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They were elected as an independent candidate but later join a political party during their term.
The Supreme Court held the first hearing on Ali Hussain’s petition at 11 am on Monday.
During the hearing, Ali Hussain’s lawyer, Mahfooz Saeed, argued that the amendment to Article 73 of the Constitution conflicts with Articles 4, 90, and 75. He requested the court to declare that the amendment should not apply to existing members of Parliament during its current term.
Mahfooz contended that the amendment was introduced after the election of the current members and should not be applied retrospectively. He stated that:
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When the amendment was passed, the affected members had already been elected.
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At the time of their election, there was no such constitutional provision.
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Voters elected these members with the understanding that they would serve a full five-year term.
"This amendment was not anticipated at the time of the election. Therefore, it should not impact those who were elected before its introduction," Mahfooz said.
He further argued that the amendment limits the powers granted to the people by the Constitution.
