SC to hear MDP petition on Nasheed ouster on Monday
The court on Wednesday issued summons for the hearing scheduled for 10am on Monday.
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Supreme Court has scheduled for Monday the first hearing in the constitutional petition filed by MDP seeking an order that no other sitting of the parliament can be held without a decision on the no-confidence motion against speaker Mohamed Nasheed.
The court on Wednesday issued summons for the hearing scheduled for 10am on Monday.
Supreme Court on Monday accepted the constitutional petition filed by MDP seeking an order that no other sitting of the parliament can be held without a decision on the no-confidence motion against speaker Mohamed Nasheed.
Parliament could not proceed with the no-confidence motion against speaker Mohamed Nasheed in any of the sittings this week as deputy speaker Eva Abdulla was on sick leave.
According to the rules of procedure of the parliament, the deputy speaker is required to preside over the no-confidence motion against the speaker.
After the case was filed in court, the MDP's legal team held a press conference at the party's former office on Sunday to explain the constitutional case.
Former legal counsel at the President's Office Ahmed Abdulla Afeef said the main reason for filing the case was that the decision of the secretary general that only the deputy speaker could preside over a sitting that deliberates the non-confidence motion against the speaker was unconstitutional. The secretary general has misinterpreted the relevant provisions of the rules of procedure of the parliament, he said.
The case was filed for two main reasons, he said:
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To provide that the parliament secretariat shall be obliged to comply with Article 44 of the rules of procedure of the parliament in the event of the deputy speaker's absence from a sitting where the motion of no-confidence in the speaker is tabled
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To order that no other sitting of parliament can be conducted until a decision is taken on Nasheed's case
Article 44 of the rules of procedure of the parliament sets out the procedure to be followed in the event of the speaker and deputy speaker being excused from presiding over the session. Accordingly, the article states:
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In such a case, the speaker shall appoint a member to preside in accordance with Article 82(b) of the constitution
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A total of five members of the parliament who have served the longest continuous period of time shall be so appointed; One of the members shall preside for three consecutive sessions
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The five members are to be appointed within the first two weeks after the election of the speaker and deputy speaker to the post; the names should be announced in parliament
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In determining the order of those five members to hold the presidency, priority shall be based on tenure of membership; if the term of membership is equal, then the age of the members shall be considered
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In the event that no member is appointed in advance to preside or if the five members are unable to preside, the next longest serving member shall preside at the meeting
