EC warns of potential two month delay for local council elections in Addu, pending court battle

President of the Elections Commission (EC) Fuad Thaufeeq has said that local council elections in Addu could be delayed by up to two months, with the EC forced to conduct voter registration again after President Mohamed Nasheed declared the atoll a city for the second time yesterday.

The Civil Court ruled on Sunday in favour of the minority opposition Dhivehi Quamee Party (DQP), that the President had no authority to do declare Addu a city until it met the then-unstated requirements for a city, as determined by the Local Government Authority.

Yesterday the authority – currently consisting solely of the Home Minister – published the requirements in the government gazette, and the President declared Addu a city for the second time, after Adduans and MDP activists took to the streets to protest against the Civil Court’s decision and the DQP.

“The Local Government Authority consists of only one person, which is Hassan Afeef, and today I asked Afeef to determine whether Addu Atoll meets the requirements to be a City,’’ President Nasheed said, addressing a rally at Thinadhoo in Gaafu Dhaalu Atoll.

However overcoming the technicality raised in the Civil Court was not so simple, warned Thaufeeq.

“When the Civil Court ruled that the first declaration of the Presdient was invalid, it also invalidates all the work done by the commission to hold the Local Council Election,’’ said Thaufeeq.

“Now we will have to register all the citizens of Addu, will have to announce for the elections, will have to elect candidates and will have to give them time for campaign. The commission will have to repeat the whole process for the Local Council Elections in Addu.

“There would be a delay of almost two months [in Addu], while all the other atolls will have concluded the elections and have elected councilors,’’ he explained. “The best way is to hold the elections across all the islands at the same time, by overturning the Civil Court’s ruling.’’

He said the EC was seeking legal advice and trying to determine a way to resolve the issue.

“We have not decided what we will do yet, but these are the issues that will arise if the second declaration is be implemented,’’ he added.

Attorney General Dr Ahmed Ali Sawad has already said the government will seek to appeal in the High Court, but with the elections scheduled for February 5, a delay could be possible.

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DQP fully supports Addu becoming a city, says party

The Dhivehi Qaumee Party (DQP), led by former Attorney General Dr Hassan Saeed, has released a statement saying that the party fully supports Addu becoming a city, but only if it was accomplished through lawful procedure.

Following the President’s first declaration that Addu would become a city prior to the local council elections, DQP Deputy leader Imad Solih filed the issue in the Civil Court stating that the President had not followed correct procedures and that therefore his declaration was invalid.

On Sunday, the Civil Court ruled in DQP’s favour and overturned the President’s decision to make Addu a city.

Adduans and ruling-party activists gathered near Dr Hassan Saeed’s house after the court ruling, and called for DQP to be abolished. Saeed is himself a prominent Adduan.

”The Decentralisation Act was drafted by the government and was ratified by the president,” observed DQP in a statement today. ”The Act very clearly states how cities should be determined in different parts of the Maldives.”

DQP said that if the government was unhappy with the procedure mentioned in the Act, it had the option to propose amendments to the Act.

”There are five ruling party MPs representing Addu in parliament, and to date they have not proposed any amendments to the Local Council Act,” the statement said. ”The President or anyone else should not be acting against the law.”

The party called on the government to cease its attempts “to create civil unrest.”

The Civil Court ruled that Addu could not be declared a city until it met unspecified requirements stipulated by the Local Government Authority. Home Minister Hassan Afeef, the sole member of the authority, yesterday published these requirements in the gazette and President Nasheed officially declared Addu a city for a second time.

However the Elections Commission has now stated that this will require it to redo the voter registration process, potentially delaying the elections by two months.

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President declares Addu Atoll a city again, after Civil Court overturns decision on technicality

President Mohamed Nasheed has declared Addu a city – for the second time – after the Civil Court ruled yesterday in favour of the Dhivehi Quamee Party (DQP) that the President had no authority to do so.

The Civil Court of the Maldives ruled that the President did not have the authority to declare islands as a city before the Local Government Authority had established a criteria to determine cities, as the law stated that “all cities should meet the criteria established by the Local Government Authority.”

The President’s Office said this afternoon that the Local Government Authority had now established the criteria and published it in the government’s gazette, and stated that a city council had been formed for Addu in accordance with Decree number 2010/15, and Annex 2 of the Decentralisation Act.

The President also sent a letter to the Elections Commission, informing them of his decision to declare Addu a city. In the letter, he requested the Elections Commission to hold elections for the Addu city council as scheduled and in accordance with law.

The Local Government Authority’s criteria for establishing a city include that it have a minimum population of 25,000 people, and have a GDP of no less than RF 1 billion.

Statistics from the Department of National Planning show the GDP of Addu in 2010 as more than Rf 2 billion, while the population is almost 30,000.

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