Supreme Court rejects case challenging election amendment bill

The Supreme Court has declined to accept a case seeking to invalidate a constitutional amendment bill aimed at holding presidential and parliamentary elections on the same date.

The case was filed by lawyer and former Member of Parliament Ali Hussain.

The proposed amendment seeks to shorten the term of the current People’s Majlis to facilitate synchronisation of the two elections.

In his submission, Ali Hussain argued that the Constitution provides the President with 15 days to assent to an amendment bill, without distinction between bills requiring a public referendum and those that do not. He stated that if a bill is not ratified within this period and the President does not inform Parliament of a decision not to assent, the bill is deemed ratified.

He also argued that although the bill was passed by Parliament and sent to President Dr Mohamed Muizzu on February 11, a public referendum was not initiated within the required timeframe.

In a written response, Supreme Court Registrar Raufa Haidhar stated that procedures for bills requiring a public referendum must follow the provisions set out in the chapter on constitutional amendments.

The response noted that under Article 264, the President is required to inform Parliament within 15 days only if he decides not to assent to a bill. It also stated that the President has not declined to ratify the amendment.

A public referendum on the bill has been scheduled for the 4th of next month, to be held alongside local council elections, following a presidential decree.

Separately, two lawyers have filed a case at the Supreme Court challenging the wording of the referendum question. The court has accepted this case and scheduled a hearing.

The referendum question asks whether voters support the President ratifying the amendment to enable simultaneous elections and to define provisions related to the parliamentary term.

The petitioners in the second case argue that the referendum should specifically ask whether voters agree to shortening the term of the current Parliament.