The main opposition Dhivehi Rayyithunge Party (DRP) is preparing to mount a legal challenge to the dismissal of Thulhaadhoo Councillor Umaira Abubakur after the Elections Commission (EC) yesterday announced a by-election for August 20 to replace the party’s sole representative on the five-member island council.
The DRP contend that four councillors of the ruling Maldivian Democratic Party (MDP) conducted emergency meetings while Umaira was attending a workshop as part of “a planned effort” to remove her from the post.
Article 119(b) of the Decentralisation Act states that a councillor can be removed if he or she misses seven consecutive meetings “without offering a valid reason that is acceptable to the council.” Umaira did not attend ten meetings which took place while she was ostensibly participating in a workshop in Bandos Island Resort.
Speaking to Minivan News today, DRP Deputy Leader Ibrahim ‘Mavota’ Shareef lambasted both the MDP-majority Thulhaadhoo council for “abusing the law to silence a minority voice” and the EC for “failing to carry out their responsibility.”
“The dismissal was unfair, unjust and completely against democratic principles,” he said, warning that the EC’s decision to uphold the council’s dismissal could set “a very dangerous” precedent.
Island councils where one party had a majority might be encouraged to arbitrarily dismiss minority members, Shareef suggested, which could “plunge the nation into chaos and anarchy.”
Moreover, the MDP councillors’ dismissal of the only female member of the council amounted to “discrimination against women.”
Shareef said that a delegation from the DRP held a meeting with members of the EC today, “but what we saw from them was arrogance.”
“The mandate of the Elections Commission is not just holding elections,” he said, adding that the commission was “not independent anymore.”
Shareef claimed that as a result of the ruling party’s new majority in parliament, the EC was “forced” to act in the government’s interest.
“I will recommend the DRP council to look into the independence of the Elections Commission,” he said.
EC Chair Fuad Thaufeeq told Minivan News today that the commission had received letters of complaint from both the dismissed councillor and some members of the Baa Atoll Council.
“But this is not a concern of the atoll council,” Fuad explained. “It is up to the island council and in this case a member was removed by the other four councillors.”
Fuad added that the EC did not have the authority to either postpone or cancel the by-election unless ordered to do so by a court order.
“The law does not say that the atoll council can overrule a decision made by an island council,” he said. “Only a court of law can invalidate the decision. We will stop the election immediately if there is a court order.”
Thulhaadhoo Council Chair Ahmed Rasheed told Minivan News earlier this week that the decision to dismiss Umaira was taken after consultation with the Local Government Authority (LGA) and based on legal counsel from the Attorney General’s Office.
“She did not inform in writing as she was required by law either before she left or during her holiday,” he insisted.
While confirming that six of the ten meetings in question were emergency sessions, Rasheed however denied the DRP allegation of actively plotting to dismiss Umaira.
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Can anyone tell what the four Thulhadhoo bullies are up to?
Their photograph looks like cheap criminals from cheap a cheap Tamil movie!
Any fool can see that there has been abuse of power, deceit and trickery carried out by the four male members of the Thulhaadhoo Island Council.
Although it is my belief that the Island Councils are useless, excessive and counterproductive, if the people insist that decentralization is to continue in this form, then it is vital for this matter to be decided in the courts to prevent further excesses.
I have my reservation about our honorable judges; most of them haven’t even kindergarten level of education!
Well this is progress, people are learning.......from the hegemony of the JSC DRP faction and the Honourable MPs- why bother with the abstract of regulations when the literal meaning can be taken in the context of your choosing?
@peasant: Exactly.
There are no legal details in any sytstem in this world which are so conclusively objective that they can avoid being applied, interpreted by the subjective whims and fancies of whoever has the money and the power, which is why I keep trying to say, institutional development is not adequate without human development, for want of a better world. I said it before, but here it is again. Justice will never exist in a society, no matter developed and just the institutions are, unless justice exists in the hearts of the people.
I have studied the political constitution of about fifty nations, and what one observes is that the political constitution is a manifestation of the culture, beliefs of its people.
The very rapid development of institutional structure by educated, elite classes in Maldives will fail if humanity does not win the battle over greed in the hearts of many of your people.
A more culturally appropriate institutonal structure will arise, tyranny.
Tsk Tsk-
"Any fool can see that there has been abuse of power, deceit and trickery carried out by the four male members of the Thulhaadhoo Island Council."
That's a false statement, I can vouch for many fools who only see "patriotic" councillors fulfilling their duty.
There was another set of fools who saw impropriety in Afrasheem's dealings within the JSC.
Our problem is that most among us are not foolish enough to see all the foolishness.
I did sound like a DRP mouthpiece for a while there. No problem in that, except that I do not get paid for it so I do not wish to be one.
What I meant was, I really feel that there was a lot amiss with what happened within the Thulhaadhoo Island Council. I also empathize with Ms. Vellezinee's plight in the JSC. I do, however, feel that there is a slight yet discernible difference between an appointment member of an autonomous body and a popularly elected representative of the people.
Your right to disagree. Political polarization really does make dialogue difficult. However, I do hope the courts will provide their final say on the matter.
*appointed member
I just want to say that the person called Ben, has a white supremist attitude......." greed in the hearts of many of your people" .....what the heck, no race is superior to another, neither is one race evil. Australians are neither better nor worse than maldivians, nor kinder or more educated........xenophobia has many faces I guess........
@Bolted: So I am racist for pointing out a fact am I, My My are YOU one ignorant person...
First of all, I never said that Australians are not evil or greedy, I have experienced as such today.
Second of all, if I did not think so highly of Maldivians why would I be spending my time commenting and striving to think of ways to help things...
Thirdly: I have also made comments on here where I praise the hell out of Maldivians and your intelligence and beneovelence, but sometimes under a pseudonym.
In general, I love Maldivians more than Australians, that is why my heart is always aching for Maldives, why, because of how intelligent and beautiful your ppl are...
I was expressing frustration because of the repression of some Maldivians whose greateness and intelligence has not manifested due to the greed of many, now, THAT, is a sad reality for EVERYONE, ALL RACES, but the fact that I only bother to comment about it in relation to Maldives on this day means something more special about Maldivians to me...
But, if I did sound racist, I am actually sorry. It was not my intention.
@Bolted: So I am racist for pointing out a fact am I, My My are YOU one ignorant person…
First of all, I never said that Australians are not evil or greedy, I have experienced as such today.
Second of all, if I did not think so highly of Maldivians why would I be spending my time commenting and striving to think of ways to help things…
Thirdly: I have also made comments on here where I praise the hell out of Maldivians and your intelligence and beneovelence, but sometimes under a pseudonym.
In general, I love Maldivians more than Australians, that is why my heart is always aching for Maldives, why, because of how intelligent and beautiful your ppl are…
I was expressing frustration because of the repression of some Maldivians whose greateness and intelligence has not manifested due to the greed of many, now, THAT, is a sad reality for EVERYONE, ALL RACES, but the fact that I only bother to comment about it in relation to Maldives on this day means something more special about Maldivians to me…
But, if I did sound racist, I am actually sorry. It was not my intention.
Human attitudes and development is not about race, it is about geography, resources, beliefs.
Civilizastion is only one thing, kindness, humanity, caring... If there are Maldivians who are not caring, and obviously there are many that are (I was really moved by Tiny Hearts ppl forming a huge heart for example) it is not because of RACE it is because of other factors!