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Supreme Court declines interim order on MPs’ loss of seats over defection

19 Apr 2026

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Zarya Saeed

Supreme Court of Maldives --- Photo: Maldives Independent

The Supreme Court of the Maldives has declined to issue an interim order to prevent Members of Parliament from losing their seats if they leave or are expelled from their political parties.

The request was made in a constitutional case filed by former Kendhoo Member of Parliament Ali Hussain challenging an amendment which requires MPs to vacate their seats upon leaving the party under which they were elected.

Hearings in the case have concluded, and the court is yet to deliver its final verdict. Pending the ruling, Ali Hussain’s legal team sought a temporary injunction to ensure he would not lose his seat if he left or was removed from his party.

In its decision, the court stated that granting such an interim order would affect the substance of the case itself and therefore could not be issued.

The court also addressed a separate request seeking to prevent action against judges hearing the case, stating that issuing such an order would conflict with the principle that judges cannot rule on matters in which they have a personal interest.

The State has argued that the constitutional amendment was passed through due process and cannot be invalidated, with the case now pending final judgment.

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