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Diyana and former President Mohamed Nasheed. Photo/ President's Office

MDP says plaintiff has no authority to file primary case

If a fair trial is held, Diyana believes that the case will be successful.

5 March 2023

By Mohamed Muzayyin Nazim

The court has granted 10 days to the petitioner to file a reply to MDP's submission to the plea seeking cancellation of the presidential primary held in January that the plaintiff has no capacity to file the case. 

The first hearing was scheduled for 10:15 am on Sunday on a petition filed by Ali Amjad, one of three cases filed at the Civil Court seeking cancellation of MDP primary . However, the hearing did not take place.

The court instead gave 10 days to the petitioner to file his reply after the party submitted that it could not proceed with the case.

MDP spokesman Anas Abdul Sattar told Atoll Times on Sunday that Ali Amjad was not a member of the party. He does not have the capacity to take the matter to the court, he added.

"Ali Amjad was expelled from MDP long ago to join the Maldives National Congress Party. He is not a member of the party since then. Therefore, this party does not believe that the matter can be taken up by him," said Anas, who is a law graduate.

The party's primary was rejected on the ground that 39,000 members of the party were expelled on the ground that they were not eligible to vote on the grounds that they had violated rules. The plaintiff sought a stay order on the implementation of the party's presidential ticket till the matter is resolved.

Civil Court should look into the matter: Diyana

Former Attorney General Diyana Saeed, who is representing the case, told Atoll Times  on Sunday that the law allows everyone to make such a proposal within 10 days of the registration of the case. Though the party had argued that the case could not proceed, she said it came to light that such a proposal had been made only after she went to the court for Sunday’s hearing.

"Had it been submitted to them [MDP] in advance, the hearing could have been conducted today," Diyana said, adding that she believes it is an excuse to delay the trial.

"They are saying that the Civil Court cannot look into it. [But] I believe the Civil Court can look into it."

Diyana, who was with the party president Mohamed Nasheed who lost the party primaries, said there was no culture of holding parties accountable no matter how they behaved. So far, there has been an atmosphere in the Maldives where a party can decide what it wants, she said. 

"It's not just about the Civil Court's jurisdiction, I believe it's a matter of great interest that the court needs to study the matter properly and provide an effective solution," Diyana said.

If a fair trial is held, Diyana believes that the case will be successful. Diyana said it was in the interest of both the parties to take a decision as soon as possible and if the hearings could be held within a day, they would request the court to do so.

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