President Dr Mohamed Muizzu has ratified the anti-defection bill passed by the parliament to prevent party switching after getting elected to the parliament, including Atoll and Island Councils as well as Women's Development Committees in the bill.
The bill was passed in the 20th session of the first term of the Parliament held on April 1, 2024.
The Anti-Defection Act has been introduced in order to hold the Members of Parliament accountable to their constituents whilst necessitating that they remain dedicated to the political views upon which they were elected. Further, the Act also ensures that the Members are insulated from political and financial influences and that the Maldivian citizens’ faith in the Majlis as an institution remains intact.
President's Office on Tuesday confirmed Dr. Muizzu has now officially ratified the act into active implementation.
The new law governs parliament MPs, atoll and island councilors, members of Women's Development Committees; all of whom would be required to resign from their political positions should they switch their political parties.
The bill was ratified by the President and published in the Government Gazette today. At the same time, the Act will come into force from today.
Baarah MP Ahmed Abdullah moved the bill. When the bill was passed, the recall vote was removed from the bill.
Under the act, parliament seats will be vacant under these conditions:
- After being elected to Parliament on the ticket of a particular political party, an MP submits their resignation from the membership of the elected party and registers it with the Election Commission
- After being elected to Parliament on the ticket of a particular political party, an MP registers with the Election Commission as a member of a party other than the party from which they were elected
- If a member is elected as a member of a political party and the party decides to expel the MP during the term of office, they shall have the right to appeal against the decision of the party within seven days from that date. If the court decides that the member has been properly expelled from the party, the Election Commission shall notify the Parliament that the member has resigned from the membership of the political party
- If a member has not filed a case with the court regarding the decision to expel them from a political party within seven days, the Election Commission shall notify the Parliament that the member has withdrawn from the membership of that political party
- The Election Commission shall notify the Parliament that an independently elected member has become a member of a political party during the term for which he was elected
The law requires the Election Commission to notify the Parliament within seven days of any of these circumstances. The person shall resign from the membership of Parliament from the date on which the Election Commission notifies the Parliament.
Conditions under which council and WDC seats become vacant:
- After being elected on the ticket of a particular political party, during the term of office, the member submits their resignation from the membership of the elected party and registers it with the Election Commission
- After being elected on the ticket of a particular political party, the member registers with the Election Commission as a member of a party other than the party for which they were elected
- An independent member joining any political party during the term for which they werer elected
Unless otherwise provided in another law, if any of these circumstances arises in an elected member of a city council, atoll council, island council or women's development committee, they shall resign from their elected office from the date the Election Commission notifies the local government authority.
By-Elections for Vacant Seats:
- If a seat of Parliament becomes vacant under this Act, the Election Commission shall hold a by-election for that constituency in accordance with the Parliamentary Elections Act and the General Elections Act
- If a seat of a city council, Atoll council, island council or women's development committee becomes vacant under this Act, the Election Commission shall hold a by-election in accordance with the Decentralization Act, the Local Councils Election Act and the General Elections Act
According to this Act, in the event of a vacancy in the seat of a member elected by the people due to one of the circumstances mentioned in this Act, that person shall be entitled to participate in a by-election held by the Election Commission in that constituency.
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