SG, not Nasheed should decide on no-confidence motion, says Aslam
Aslam said that the matter was filed within the procedures stipulated in the rules of parliament.
By
Fathmath Ahmed Shareef
The MDP Parliamentary Group (PG) Leader, Hithadhoo North MP Mohamed Aslam on Monday said that it is a matter for the Secretary General (SG) of parliament to decide regarding MDP's no-confidence motion against speaker Mohamed Nasheed.
The MDP first moved to remove Nasheed from the post of speaker of parliament last June. After the first round of the presidential election, the motion was withdrawn.
After the failure in the second round, the MDP's PG unanimously approved a second motion of no-confidence against Nasheed on Sunday. The motion was signed by 49 MPs and submitted Sunday evening.
At a press conference held at the parliament on Monday, a journalist questioned MDP PG about Nasheed's statement on Sunday that the no-confidence motion moved during the current term could not be taken up again for the second time as the no-confidence motion was withdrawn before, according to parliament rules.
In response to the question, Aslam said Nasheed does not have the authority to decide whether the motion can be continued or not as it is a no-confidence motion against the him.
"If a person asks the speaker or the deputy speaker whether it can be done by moving a no-confidence motion even after taking into account the general rules and procedures, then the manner in which he should come forward and speak is against the general rule. A decision on this will be taken by the secretary general," Aslam said.
Responding to Nasheed's claim that the rules do not allow for one motion to be repealed and repeated within the same term, Aslam said there was no such argument in the rules and the rules pertain to bills, not votes of no confidence.
According to Article 89(c) of the rules of procedure of the parliament, if a bill is rejected, the bill cannot be re-introduced in parliament during the ongoing term. The article does not mention no-confidence motions.
However, Article 168 of the rules of procedure states that the rules of the bill also apply to resolutions submitted to the parliament.
When asked by Atoll Times at Monday's press conference, Aslam repeated that no article of the rules states that a no-confidence motion cannot be moved.
"It is very clear that the no-confidence motion does not go through a bill process. I will repeat again, the secretary general will decide on this," he said.
In addition, Aslam said that the matter was filed within the procedures stipulated in the rules of parliament.
Article 205 of the rules of procedure describes the procedure for impeachment of the speaker:
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A motion of no confidence in the speaker of parliament may be moved by a resolution signed in writing by one-fourth of the total number of members of parliament or not less than 22 members
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Once the resolution is received by the assembly, it must give notice of the resolution within three days excluding public holidays; after giving a period of 14 days from the date of the notice, the resolution must be placed on the agenda at the earliest sitting of the parliament
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After the resolution is tabled, the other business of the parliament may proceed only after a decision is taken on the resolution; the sitting shall be presided over by the deputy speaker
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The speaker of parliament may be removed from office only if the resolution of removal is passed by a majority of the members present at the vote
The last term of the parliament is currently underway. The parliament is divided into three terms each year, with the current third term ending next month. The parliament will break from recess for a new year in February.
