MDP files petition with Civil Court to halt elections merger referendum

The main opposition Maldivian Democratic Party (MDP) filed a judicial review petition with the Civil Court on Wednesday seeking to halt the upcoming referendum on conducting future presidential and parliamentary elections concurrently – which the party claims is being held unlawfully.

On February 10, the ruling People’s National Congress (PNC) used its supermajority in the Parliament to pass constitutional amendments proposed by the government to hold future presidential elections and parliamentary elections on the same day.

On February 16, President Dr. Mohamed Muizzu decreed that a public referendum on this – as required by law on such matters – would be held on April 4 – the same day as the local council elections.

In addition to filing a judicial review, the MDP has also asked the court for an injunction to halt the planned referendum until the court makes a final decision.

The MDP argues that President Muizzu failed to attach an information sheet as required by the Referendum Act with his decree and failed to share any relevant details even after, infringing on MDP’s campaign rights enshrined under Article 26 of the Act.

MDP also argues the party is being denied the chance to properly do what it needs to ensure people have room to make informed and independent decisions.

The MDP also argues it could cause significant political damage to the party, and irrevocable financial losses if the court were to overturn the decree after the party already spends on the campaign.

The MDP cited several reasons why they believe the referendum to be unlawful. This includes:

• Failure to include an information sheet with the presidential decree as required under Article 10 of the Referendum Act.
• Infringement of campaign rights declared under Article 26 of the Referendum Act.
• Infringement of the right to information enshrined under Article 29 of the Constitution.
• Infringement of voters’ rights enshrined under Article 26 (a) of the Constitution.
• Failure of the President as the Head of State to fulfil the responsibility of the state to follow the Constitution, and protect and promote rights and freedoms, as dictated under Article 18 of the Constitution.
• Failure to the President to uphold, defend and respect the Constitution, as required of him under Article 106 (c) of the Constitution.

While the MDP seeks to half the referendum, the Elections Commission (EC) is rushing to make preparations to hold it on the same day as the local council elections.

Under the current system, voters go to polls twice within around six months every five years, electing the president in September and members of Parliament in April.

But the constitutional amendments passed by the Parliament proposes merging the two elections, and bringing forward the start of the parliamentary term from May to December 1 to get this done.

This change will shorten the five-year term of the current parliamentary assembly, sworn in on May 28, 2024, by around six months.

The first combined poll would take place in 2028.

President Muizzu first announced plans introduce constitutional amendments to combine the two major elections back in 2024. He promoted it as a cost-cutting measure that will save around MVR 120 million in expenses.

However, the opposition is largely opposed to such a move, describing it as an attempt by the PNC to hold on to power.