MDP says it has asked for a decision from the Supreme Court on two specific points after the party turned to the top court following today's cancellation of the parliamentary session that would have decided the future of the Speaker of the Parliament Mohamed Nasheed.
The Parliament canceled the session which would have heard the resolution on a no-confidence vote against the Speaker as Deputy Speaker MP Eva Abdullah called in sick for the session.
Majlis standing order states that the Deputy Speaker must chair the session which debates a resolution or motion on a no-confidence vote against the Speaker of the Parliament.
Speaking at a press conference today, member of the MDP Legal Committee Ahmed Abdullah Afeef said that MDP referenced articles 44 and 205 of the Majlis Standing Order when it filed a case at the Supreme Court.
Article 44 of the Standing Order stipulates that the Speaker of the Parliament must appoint five parliamentarians who can chair parliamentary sessions in the absence of the Speaker or Deputy Speaker as per Article 82 of the Constitution.
But Article 205 of the Parliament Standing Order states that only the Deputy Speaker can chair a session that debates a no-confidence resolution against the Speaker and also argues that pending legislative works must be put on hold till a resolution against the Speaker is resolved.
Afeef further said that MDP filed a case at the Supreme Court for four reasons and that they were:
- While the way forward is clear from the Parliament Standing Order, the Secretariate halted the session without obeying the Order
- The Secretariate rendered Article 44 of the Parliament Standing Order void when it insisted that only the Deputy Speaker can chair the session
- While the Parliament's constitutional and legal obligations have been facilitated, the Secretariate is not acting accordingly
- Nasheed's matter might take the country out of the Constitutional system
Afeef noted under such a circumstance as today, it is a must to enact Article 44 of the Parliament Standing Order and if not there could be a sitution that has not been anticipated by the Parliament Standing Order and the Consititution itself.
