Supreme Court to hear anti-defection challenge on Tuesday after year-long delay
The case was filed by Ali Hussain, seeking a ruling that the amendment is inconsistent with the Constitution.
The Supreme Court has scheduled a hearing for next Tuesday in a case challenging the amendment allowing removal of Members of Parliament who leave or are expelled from their political party.
The case was filed by Ali Hussain, seeking a ruling that the amendment is inconsistent with the Constitution.
Ali Hussain also requested an interim order to suspend the implementation of the amendment until a final decision is reached.
Proceedings were delayed for more than a year following the suspension of three Supreme Court justices by the Judicial Service Commission on 26 February 2025. No hearings were held during that period.
In response to a request under the Right to Information Act, the court stated that the full bench was not consistently available.
Under the Judicature Act, constitutional matters must be heard by a bench of at least five justices. The court stated that it had decided to hear this case with a bench of seven justices.
“The case in question was decided to be heard by the full bench of seven justices of the Supreme Court of the Maldives, and no changes have been made to that decision,” the court said.
The court noted that although seven justices were available from June 2025, changes in the composition of the bench affected scheduling. Former Chief Justice Ahmed Muthasim Adnan submitted his retirement on 11 June 2025 and left office on 21 July 2025.
The bench remained incomplete until the appointment of Abdulla Ghani Mohamed on 6 August 2025.
The court said there were limited days during which all seven justices were available, due to leave and official duties.
The initial suspension of the three justices followed a letter from the Anti-Corruption Commission Maldives to the JSC stating that an investigation was underway. No further updates have been provided on the matter.
Following disciplinary proceedings, Justice Husnu Al Suood resigned. Justices Azmiralda Zahir and Mahaz Ali Zahir were removed through a vote in the People’s Majlis.
The composition of the Supreme Court bench has since changed, and the hearing has now been scheduled.
