Supreme Court rules MP Sinan loses seat

The Supreme Court has ruled that Mohamed Sinan has lost his seat in the People’s Majlis for failing to repay a debt in accordance with a court judgment.

The case relates to a ruling issued by the Hithadhoo Magistrate Court concerning a loan obtained from Maldives Islamic Bank. The judgment ordered repayment of MVR 2.5 million remaining from a total loan of MVR 3.8 million taken by Sinan and three others.

The court had directed that the amount be repaid within six months, with monthly instalments not less than the specified amount. A case seeking a declaration that Sinan had lost his seat was filed at the Supreme Court on 13 February last year. Sinan settled the remaining balance of the debt on the same day.

Article 73 of the Constitution states that a Member of Parliament must not have a proven debt that is not being repaid in accordance with a court judgment. The article further provides that a member loses their seat if they fail to meet the required qualifications.

In a unanimous decision by a five-judge bench, the Supreme Court ruled that Sinan had failed to comply with the repayment terms and therefore no longer meets the qualifications to hold office.

In the judgment, Justice Aisha Shujoon Mohamed stated that a default judgment is issued when a respondent fails to submit a defence within the prescribed period. The court noted that Sinan’s claim regarding the withdrawal of his lawyer occurred after that period had elapsed.

The court stated that enforcement proceedings are initiated when a debt is not repaid in accordance with the judgment. It interpreted compliance as making payments of no less than the required monthly amount each month, as specified in the ruling.

The judgment stated that compliance with a court order requires adherence to all instructions set out in that order. It also noted that the constitutional provision on unpaid debt does not refer to bankruptcy and applies to any proven debt ordered by a court.

The court further stated that lack of awareness of the judgment does not constitute a valid legal argument.

Under the law, if a parliamentary seat becomes vacant during a term, a by-election must be held within 60 days. This period will expire on 12 June.