AG says no legal barrier to merging elections

Attorney General Ahmed Usham said on Monday that there is no legal obstacle to merging parliamentary and presidential elections or to holding a referendum on the same day as the upcoming local council elections.

The government has proposed a constitutional amendment to shorten the five-year term of the current 20th Parliament to 1 December 2028 and to hold parliamentary and presidential elections on the same date. The proposed amendment is currently under consideration by a parliamentary committee. If approved, the government plans to hold a referendum on the merger on the day of the local council elections.

Local council elections and Women’s Development Committee elections are scheduled for 4 April.

The Independent Institutions Committee on Monday met with the Attorney General’s Office, political parties and the Elections Commission to seek views on the proposed amendment. The committee first met representatives of the Attorney General’s Office and the Elections Commission.

Responding to questions from committee members, Usham said there is no legal conflict in merging the two elections. He said that if Parliament decides to proceed, holding the referendum together with the upcoming council elections would be consistent with the law, provided the 45-day period required under the Referendum Act is met.

“The referendum law passed by Parliament provides a 45-day period for public awareness. If that requirement is fulfilled, the process will proceed in accordance with the law,” Usham said.

He said that if Parliament approves the merger, a referendum would be held based on a resolution issued by President Mohamed Muizzu in consultation with the Cabinet. Usham said specifying the date of the referendum as the council election date would not be contrary to the law.

Usham said holding the referendum alongside the council elections would be the preferred approach, noting that conducting a separate vote would involve additional costs, as previously highlighted by the Elections Commission.

Elections Commission chairman Mohamed Zahid said the commission is prepared to conduct a referendum if Parliament decides to proceed, but noted that a 45-day period is required to inform the public. He said that if the referendum is to be held together with the council elections, Parliament would need to make a decision before 18 of this month.

During the meeting, Meekail Naseem, a member of Parliament for Galolhu South, questioned whether 45 days would be sufficient to raise public awareness on the issue. Zahid did not comment on the adequacy of the timeframe but said the commission would act based on the date decided by Parliament.

Zahid said preparations for the council elections already include public information programmes and that these could support a referendum held on the same day.