Supreme Court rejects stay on anti-defection amendment

The Supreme Court has declined to issue a temporary injunction to suspend the enforcement of a constitutional amendment requiring Members of Parliament to lose their seats upon expulsion from their political parties.

The amendment, introduced by the government last November, was passed by Parliament and ratified by President Dr Mohamed Muizzu on the same day. It provides that a Member of Parliament will forfeit their seat if removed from their party.

The case challenging the amendment was filed by former Member of Parliament Ali Hussain. Alongside the main petition, he sought interim orders to halt actions related to the removal of Members of Parliament under the amendment and to prevent disciplinary proceedings against judges until a final ruling is issued.

In its decision on Sunday, the Supreme Court stated that a temporary injunction could not be granted. The court said that suspending the amendment would affect the substance of the case before a final determination.

The court also stated that preventing disciplinary action against judges would conflict with the principle that judges should not decide matters in which they have a personal interest.

The case is being heard by a full bench of seven justices. Proceedings had been delayed following investigations involving members of the bench, during which some justices were removed and others resigned.

Following a hearing earlier this month, the court has concluded proceedings. A final judgment is expected to be delivered at a later date.