Wed, 23 Apr 2025
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Anti-Defection nullification hearings commence
17 Feb 2025
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Photo: Supreme Court
The Supreme Court began hearing a constitutional challenge to the recently enacted Anti-Defection amendment, which forces Members of Parliament to surrender their seats upon changing political parties.
Filed by former Kendhoo constituency MP Ali Hussain, the case faces initial resistance from the Attorney General's Office, which argues the court lacks jurisdiction to hear the matter.
The first hearing centred on procedural objections from the state. The contested amendment requires MPs to forfeit their seats in three scenarios: administrative removal from their party, voluntary departure to join another party, or when independent members join a political party.
State counsel Fathimath Haleem, appearing before the full bench of Supreme Court justices, argued that since the Anti-Defection amendment is now incorporated into the constitution without procedural irregularities, the court has no authority to examine its validity.
The justices extensively questioned the procedural points raised by the Attorney General's Office, particularly focusing on potential conflicts between the amendment and existing constitutional provisions.
Representing the petitioner, lawyer Mahfooz Saeed maintained the Supreme Court's jurisdiction over the matter and pressed for the rejection of the state's procedural objections. The petition not only seeks to nullify the amendment but also requests protection for current parliament members from its provisions.
Chief Justice Muthasim Adnan scheduled a follow-up session for tomorrow morning as the day's proceedings reached their time limit.
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