elections commission – Page 19 – Minivan News

Supreme Court hears Jumhooree Party’s case requesting election annulment

The Supreme Court has held the first hearing of the case filed by the Jumhooree Party (JP) against the Elections Commission (EC), requesting the apex court annul the presidential election held earlier this month.

Following a third place finish in the poll, JP leader and resort tycoon Gasim Ibrahim announced his belief that he “should have finished the race in first place”, denouncing the results released by the EC.

During the first hearing the legal team of the JP, led by Gasim’s running mate and former Attorney General Dr Hassan Saeed, produced 13 reasons for the court to annul the elections. The party was also joined today by Attorney General Azima Shukoor and representatives of the second-placed Progressive Party of Maldives (PPM), who criticised the EC in court.

Among the reasons given by Dr Saeed were: the inclusion of 669 deceased people in the voter registry, 102 repeated names, and the inclusion of 1,818 fake people whose national identity card numbers were not in Department of National Registration (DNR) database.

Dr Hassan also produced the names of voters allegedly omitted from the voter list, cases of double voting and of EC officials not using police assistance when transporting ballot boxes.

Prior to the hearing scheduled today (September 17), Dr Saeed told local media that in its petition filed at the Supreme Court, the JP would also request that the court order the security services to oversee the entire electoral process of a fresh presidential election.

The JP, in light of the evidence produced, requested the court declare the voter list and voter registry to have been compiled in contrast to the requirements of the law, and to therefore annul the presidential polls.

The party also requested that the court issue an injunction ordering the Elections Commission to stop work towards the scheduled run-off elections expected to happen on September 28.

EC response and High Court hearing

In response to the claims, Elections Commission’s lawyer and former Attorney General Husnu Al Suood claimed that JP’s evidence lacked any substance or basis, and questioned the authenticity of the documents produced to the court.

“The ultimate question we are facing here is, has the Jumhooree Party produced sufficient evidence which is enough to annul a presidential election?” Suood asked the seven-member panel of judges.

Suood – citing cases from other countries, including the famous 2000 US Supreme Court case Bush v. Al Gore regarding its presidential elections – contested that a constitutional void could follow any delay of the electoral process.

Attorney General Azima Shukoor – representing the state – told the court that the Attorney General’s Office had also found discrepancies in the voter registry, including underage people listed as eligible for voting, and the mixing up of voter information – including gender, address, and date of birth.

Although the Attorney General did not explicitly support annulment of the election, she too along with PPM and JP spoke against the commission’s arguments.

Azima requested that the Supreme Court order the Prosecutor General’s Office to take action against those found responsible for electoral fraud and other discrepancies.

Meanwhile, PPM lawyer Adam Zaneen unexpectedly also requested the court to annul the election based on the discrepancies highlighted by the JP.

The opposition, and poll-leading MDP, disputed the PPM’s argument, echoing Suood’s assertion that the JP had not produced substantial evidence – even that required to prove by balance of probabilities – to substantiate claims of electoral fraud.

The MDP also contended that annulling the election would undermine the rights of 95,000 voters who had backed the its candidate.

The Chief Justice concluded by saying that another hearing of the case would be held Wednesday (September 18), though he did not state a time.

Earlier in the week, the JP filed a similar lawsuit against the EC at the High Court, requesting the court order the EC to hand over the original voting lists placed at the ballot boxes during voting.

After a hearing today, the High Court ordered the EC to facilitate, in such a way that will remove the complainant’s doubts, the viewing of the voters list at the commission for Gasim Ibrahim himself or “a sufficient number” of his representatives.

The High Court panel stated that the ruling was based on the fact that candidates contesting in elections have the right to ascertain that all matters relating to elections are conducted freely and fairly, in a transparent manner, while the EC has a legal obligation to ensure and demonstrate the same.

Outside the courtroom, the EC has meanwhile emphatically rejected the JP’s allegations of misconduct, pointing to unanimous praise for the first round’s registration, voting and counting processes by local and international election observers.

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Over 10,000 voters re-register as EC continues runoff preparations

The Elections Commission (EC) has received over 10,000 voter re-registration forms as its preparations for the second round of the presidential election continue amid controversy catalyzed by the Jumhooree coalition’s refusal to accept the first round results.

The coalition’s allegations of vote rigging have resulted in ongoing cases in the Supreme Court and High Court. Earlier this week, police barricaded the EC secretariat in response to these claims, searching its trash unsuccessfully for evidence of voter registry fraud.

The media has continued to disseminate unsubstantiated information about the commission, and threats have been directed at the EC’s chair, his family, and the vice chair, as well as EC official Ibrahim ‘Ogaru’ Waheed in the week-and-a-half since the presidential election’s first round.

The Jumhooree Party’s allegations that the EC rigged the first round vote include claims that an inaccurate voter registry and fake identity cards allowed individuals to vote more than once, or to cast ballots in the names of deceased people. The party has also alleged that the ballot counting process lacked transparency.

The EC has subsequently raised concerns that there may not be a suitable environment for the presidential election’s second round should Villa TV (VTV) – owned by JP leader Gasim Ibrahim – continue to deliberately spread false information and incite people to rise up against the commission.

Parliament’s National Security Committee and the Maldives Broadcasting Commission (MBC) are currently conducting separate investigations into the matter.

Despite these challenges, the EC is continuing to prepare for the second round runoff – scheduled for September 28 – and has emphatically dismissed allegations of vote rigging as “baseless and unfounded”. The EC has highlighted its transparency, its ongoing complaints investigations, and the praise from a broad spectrum of election observers who noted peaceful voting and the preparedness of the EC.

“With [election] officials from different sources [working] in front of [election] observers, there was no way the type of fraud [the JP is alleging] could be made,” EC Chair Fuwad Thowfeek recently told Minivan News.

“We have been strictly following the rules, regulations, laws, and constitution, so I don’t think there is room for anything to stop the second round voting,” he said.

“We are printing the ballot papers, conducting refresher training sessions for officials, prepping all the logistics, including travel plans, etc.,” he noted.

Over 10,000 re-register

Individuals registered to vote in one location had a four day re-registration opportunity – ending on Sunday (September 15) – to change that location according to their needs for the September 28 run-off.

The EC yesterday revealed that its secretariat in Male’ had received 10,000 re-registration forms and has sent replies to each individual. The commission is also currently processing re-registration forms forwarded from island councils in the atolls.

“The exact number of people who re-registered will only be known after the registration process is completed. About 10,000 forms were submitted for Male’ alone,” said EC Registration Department Head Aminath Majdha. “The exact number will be known when we know the number of forms submitted to the councils from the atolls.”

The re-registration forms that the commission has received thus far include new voters who did not participate in the first round polling, such as individuals who recently turned 18, as well as Maldivians who will be in Saudi Arabia performing the Hajj pilgrimage, Majdha explained.

The number of Maldivians now registered to vote in Saudi Arabia requires a ballot box to be stationed in the country, she added.

For the presidential election’s first round the EC stationed 470 ballot boxes on local islands, resorts, and diplomatic missions in Singapore, London, Malaysia, and Sri Lanka, as well as Trivandrum and New Delhi in order to accommodate 239,593 eligible voters.

Voting with forged ID’s not possible: DNR

Meanwhile, the Department of National Registration (DNR) has dismissed the possibility of individuals voting with forged national identity cards.

DNR Director General Fareeda Yoosuf has insisted there was no chance forged ID’s could be used to vote.

Each individual identity card is unique and does not change even when renewed and, even in cases where lost IDs are replaced, the same identity number is used, Yoosuf noted.

“The card number will remain the same for each individual no matter how many times the card is renewed,” she explained. “We haven’t issued identity cards with two different numbers to the same person, so I’m certain that can’t be done.”

“When each person has a unique number and is allowed to vote based on that number, there is no chance a person can vote more than once by using different ID numbers,” she continued.

No complaints of forged identity cards have been received by the DNR so far, she noted.

Earlier this week, the EC also announced that eight deceased individuals the JP had claimed to be on the electoral register had been found to be living.

The commission has determined that the eight people did cast ballots and has met five of them, EC Vice Chair Ahmed Fayaz told local media. The commission has received information that the other three individuals are also alive, though the EC has not yet been able to meet them.

Recount impossible

During last week’s National Advisory Committee meeting – where the JP, the Progressive Party of the Maldives (PPM), and incumbent President Dr Mohamed Waheed’s representatives called for a recount of ballot boxes from the first round – the EC noted that the alleged voter discrepancy was not enough to call for a recount of all 470 ballot boxes.

The law states there are two instances where ballot boxes may be recounted: 1) If the EC decides the voting process was compromised and decides to conduct a recount to address a complaint(s); 2) If there is a court order issued for a recount, EC Vice Chair Fayaz explained recently.

However, the EC also emphasised that all the commission’s members were willing to conduct a recount of any ballot box where credible evidence of fraud is presented.

It would be impossible to conduct a recount prior to the second round, given that the time consuming task would require about two months to complete, EC Chair Thowfeek explained to Haveeru yesterday (September 16).

“That is something that simply cannot be done, it will take a long time to recount the votes,” said Thowfeek. “It takes around 12 hours to count four or five ballot boxes.”

Requesting a recount without any legal basis – only to remove personal doubts – is not sanctioned by the constitution or the elections law, he continued.

“The ballots had been counted in the presence of monitors, observers and representatives, so even if there is a recount, the results won’t change,” he noted. “Moreover, a vote recount is not something the people will welcome either.”

However, the PPM has alleged Thowfeek “changed his tune” about the time necessary to conduct a recount, claiming he told the National Advisory Committee the process would take about four days.

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Supreme Court accepts filing of Jumhooree Party’s case requesting annulment of presidential elections

The Supreme Court has given permission to resort tycoon Gasim Ibrahim’s Jumhooree Party (JP) to file a case requesting the court annul the first round of the presidential election, after the JP alleged irregularities in voting after placing third and narrowly missing the run-off.

The JP has also reportedly requested an injunction to delay the second round of voting, currently scheduled for September 28.

An official from the Supreme Court was quoted in local media confirming that the seven-member judges’ bench of the Supreme Court had decided to grant permission for the case to be filed and had informed the petitioners.

The official also told the local media that the court would schedule the hearings as soon as the original lawsuit was filed in the court.

According to the procedures of the Supreme Court, if a party wishes to file a lawsuit, they must first seek the permission of the judges.

The Supreme Court procedures also dictate that, once the permit to file the lawsuit is issued, it must be filed at the court within a period of three working days.

Following a third place finish during the presidential polls, the Gasim announced that he believed he “should have finished the race in first place”, and denounced the results released by the Elections Commission (EC).

The EC, however, has dismissed the allegations, pointing to near unanimous agreement among local and international election observers that the elections were free, fair and credible, and that the minor issues noted would not have had an impact on the final results.

Speaking to Minivan News earlier, JP Policy Secretary Mohamed Ajmal said that the party would attempt to prove via the courts that the first round had been “rigged”.

The JP also filed a similar suit in the High Court earlier this week requesting the court order the EC to hand over the original voting lists placed at the ballot boxes during voting.

During the first hearing of the High Court case held yesterday (September 15), attorneys from the JP produced three documents allegedly showing fraudulently registered voters that included names which had been repeated, lists of deceased people found in the voter list, and a list of voters who had been “unlawfully registered” to houses in Male from the Male’ Municipality Register – a special registry of people belonging to Male but not having their own houses in Male’.

However, the legal team of the EC led by veteran lawyer and former Attorney General Husnu Al Suood, in response to the claims, dismissed the authenticity of the documents submitted by the JP in the court.

During the hearing of the case, in which both the Maldivian Democratic Party (MDP) and the Progressive Party of Maldives (PPM) intervened – Suood went on to describe the whole lawsuit as a “fishing expedition”, with the JP hoping to file another lawsuit based on any evidence they collected from the current case.

If the Supreme Court goes on to decide the case in favour of the Jumhoree Party (JP), it would mean fresh elections with all four candidates, Gasim Ibrahim from JP, former President Mohamed Nasheed from opposition MDP and the incumbent President Mohamed Waheed Hassan.

The final results of the first round of the presidential election showed the MDP finishing the race on top with 45.45 percent of the popular vote or 95,224 votes.

The PPM came second with 53,099 votes – 42,125 votes less than the MDP – while the Jumhooree Coalition led by resort tycoon Gasim Ibrahim came third with 50,422 votes and incumbent President Mohamed Waheed Hassan finishing the race at the bottom with just 10,750 votes – 5.13 percent.

With the results showing no candidate being able to secure the required ’50 percent plus one vote’ to secure a first round election victory, means the winner is to be decided through a run-off election contested by the two top candidates in the first round of elections.

However, if the Supreme Court decides to invalidate the elections, it would mean cancellation of the run-off election scheduled for September 28.

It could also mean that the nation might head into a constitutional void, should the electoral process be dragged past November 11 – the date on which incumbent President Waheed’s term expires.

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High Court holds first hearing of Jumhooree Party’s case against Election Commission

The High Court has held the first hearing of the case filed by the Jumhooree Party (JP) against the Elections Commission (EC) over alleged discrepancies and irregularities, requesting that the court order the commission to hand over the voters list.

Prior to the commencement of the hearing today (September 15), attorneys representing both the opposition Maldivian Democratic Party (MDP) and the Progressive Party of Maldives (PPM) had intervened in the case.

In arguing their case, the attorneys representing the JP claimed that, despite having raised issues concerning the discrepancies within the voter list, the EC had refused to hand over the list to the party so it could verify the issues.

To support their case, the JP produced three documents – each document consisting of lists of alleged fraudulent votes.

The first document was a list of 568 people that, according to the party, had died before the elections but whose names were still present on the voter list. Of the 568 in the JP’s list, 144 people had passed away on January 1 at exactly 12:00am.

The second document was a list of 172 people, which the JP claimed had their names repeated twice on the voter list.

The third document, the party claimed, was a list of people who were originally on Male’ Municipality’s Special Register – a special registry of people belonging to Male but not having their own houses in Male – but who had been registered to different houses in Male’ without the permission of the house owners.

The party claimed that the evidence it had gathered regarding the first round of presidential election suggested serious wrongdoings that undermined the credibility of the election.

The JP pleaded at the court to issue the mandatory order required by the law – to release the voter list which the party has been seeking.

EC lawyer’s response

In response to the JP’s argument, the lead attorney representing the EC’s legal team – veteran lawyer and former Attorney General Husnu Al Suood – contended that the entire lawsuit filed against the EC lacked any legal grounds to back its claim.

Suood went on to claim that the JP had filed the case like that of a “fishing expedition”, hoping to file another lawsuit based on any evidence they collected from the current case.

The former Attorney General claimed the reason the law explicitly stated that the voter list can only be issued through a court order was to protect private information of the voters such as their date of birth, the place they had voted, and whether they actually had gone to vote or not.

Suood further claimed that any order from the High Court to issue the voter list must be based on very strong evidence supporting the release of the document. If not, he claimed, the list would otherwise be used to manipulate the outcome of the upcoming elections including that of the run-off election.

Through the voter list, a political party can easily identify a specific voter and those who had not turned up for voting, meaning that the list could easily be used for unlawful activities, Suood argued.

Responding to the first document the JP produced as evidence, Suood questioned the authenticity of the list, raising questions over how the names of 144 people who had died in the 19th century were present on the voter list of the 2013 elections. He also challenged the JP to reveal the source of the information it had presented to the court.

Of the 568 registered people whom the JP alleged to have died, Suood claimed that seven people were found on the original voter list, of which four were actually alive. The status of the three remaining identities are currently being verified stage, said Suood.

In response to the second document, Suood said that when the EC had verified the allegedly repeated 172 names in the list, each name had a different national identification number or date of birth, meaning that the supposedly repeated names were simply different people.

Responding to the final document, Suood claimed that the voters had been registered under their current addresses to allow them easy access to vote. He added that the EC had intended to ensure that all those eligible to vote would be able to do so.

In summary, Suood pleaded the court not to issue any order based on simple claims and doubts, but rather based on substantial evidence, which he claimed the JP had failed to produce.

The PPM meanwhile during the hearing spoke in favor of the JP, alleging that the EC had been “negligent”. The PPM’s lawyer Adam Zaneen requested the court to issue an order on EC to issue the voter list, and send the PPM a copy.

The MDP echoed similar remarks to Suood, claiming that the JP had failed to produce any substantial documentary evidence to support its claim. The party also suggested the JP had failed to follow due procedure and had not complained to the EC regarding the list.

Concluding the hearing,the presiding panel of judges said that the court would hold the next hearing very soon during which it would decide the case.

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Elections Commission announces final first round election results

The Elections Commission (EC) has announced the final results from the first round of the presidential election held September 7.

The EC announced the results yesterday (September 14) after the High Court rejected the Jumhooree Party’s (JP) request for an injunction to halt the announcement.

Maldivian Democratic Party (MDP) presidential candidate and former President Mohamed Nasheed placed first, winning 95,224 votes, or 45.45 percent.

Progressive Party of the Maldives (PPM) candidate Abdulla Yameen – an MP and half-brother of former autocratic President Maumoon Abdul Gayoom – received 25.35 percent,or 53,099 votes, to place second.

While the EC’s final results page showed these figures – identical to those released preliminarily on September 8 – local media outlet Sun Online reported that Yameen had received 54,099 votes – a discrepancy of 1,000 votes.

Gasim Ibrahim – resort tycoon, owner of Villa TV (VTV), MP, and JP leader – placed a close third at 24.07 percent, with 50,422 votes.

Gasim and his Jumhooree ‘Gulhun’ (coalition) – consisting of the Islamist Adhaalath Party (AP), the Dhivehi Qaumee Party (DQP), as well as former PPM Vice President Umar Naseer – have contested the election results and are seeking a recount through the High Court and Supreme Court, in addition to staging protests accusing the EC of negligence and vote rigging.

Incumbent President Dr Mohamed Waheed suffered a resounding defeat, securing 5.13 percent or 10,750 votes. Waheed contested the election as an independent candidate, following controversy over whether his Gaumee Ithihaad Party (GIP) had the minimum 10,000 members required under new political party regulation.

Yesterday Waheed announced GIP will support the PPM in the presidential election run-off, although he will be stepping down as head of the party.

The announcement of the GIP backing the PPM comes days after the Dhivehi Rayyithunge Party (DRP) announced its support for Nasheed and the MDP during the second round of voting. The DRP had backed Waheed in the first round vote, with party leader Ahmed Thasmeen Ali standing as the incumbent’s running mate.

Since no candidate received more than 50 percent of the total turnout, a second round run-off election between the top two candidates – Nasheed and Yameen – will be held on September 28.

Dead voters found alive

The EC also announced that eight deceased individuals the JP had claimed to be on the electoral register had been found alive.

The JP had submitted the alleged list of deceased individuals to court, according to local media.

The commission has determined that the eight people did cast ballots and have confirmed that five are living, EC Vice Chair Ahmed Fayaz told local media. The commission has received information that the other three individuals are also alive, but the EC has not yet been able to meet them.

Fayaz told local media last week that the EC had previously rejected a voter list provided by the Department of National Registration prior to polling because it listed people who are still alive as deceased.

“They give us a list, [stating that] these 1,200 people are dead. If we deduct these 1,200 people [from the voter registry] without reviewing, an extra 400 people will come to vote,” said Fayaz.

However, the Jumhooree Party has now accused the EC Vice Chair of “outright lies”, claiming that the coalition did not submit a list of eight supposedly deceased individuals included in the electoral register to the EC.

“We call on Fayaz not to engage in such lies. We ask the EC to work independently,” said Ibraim Khaleel, Gasim’s spokesperson and former Villa TV chief executive officer.

No grounds for recount

Meanwhile, in response to representatives from the JP, the PPM, and President Waheed calling for a recount of all ballot boxes during an Elections National Advisory Committee meeting held Thursday (September 12), the EC stated that the alleged vote discrepancy was not enough to call for a recount of all 470 ballot boxes.

MDP’s representative on the National Advisory Committee insisted there were no grounds to warrant a vote recount and argued that the JP noted no issues during polling.

President Waheed has said he is “very concerned” about “some very serious allegations regarding the election” and urged these issues be resolved “by the respective legal and judicial venues”.

However, EC Chair Fuwad Thowfeek has emphatically dismissed the JP’s allegations of rampant vote-rigging, pointing to the commission’s transparency, ongoing complaints investigations, and the praise from a broad spectrum of election observers who noted peaceful voting throughout the day and the preparedness of the EC.

Local NGO Transparency Maldives – which ran the most comprehensive observation operation on the day – also announced prior to the release of the provisional results that none of the incidents reported on election day would have a “material impact on the outcome of the election”.

The UK and the EU have both issued statements praising the conduct of Saturday’s presidential election, describing them as “transparent and competitive”.

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High Court rejects JP request for order to stop announcement of official results

The High Court has rejected the Jumhoree Party (JP)’s request for an injunction seeking the halting of the Elections Commission (EC)’s announcing of the official results for last Saturday’s presidential election.

The High Court ruling (Dhivehi) stated that there were no grounds to grant the stay order based both on the reasons argued in the case filed by the JP as well as the regulations and guidelines for issuing injunctions. The three judges who made the ruling were Judge Abdul Gani Mohamed, Judge Ali Sameer and Judge Abdul Raoof Ibrahim.

The JP request was made in a case filed by the party seeking a court order to compel the EC to release the voters list from Saturday’s election. Election regulations require a court order before the registry can be released.

The provisional results of the election showed Maldivian Democratic Party (MDP) candidate former President Mohamed Nasheed finishing the race on top with 45.45 percent of the popular vote or 95,224 votes. The Progressive Party of Maldives (PPM) candidate MP Abdulla Yameen came second with 53,099 votes – 42,125 votes less than the MDP – while the JP led by resort tycoon Gasim Ibrahim secured 50,422 votes to finish the race in third position. Incumbent President Mohamed Waheed Hassan finished the race at the bottom with 10,750 votes – 5.13 percent of the popular vote.

As former President Nasheed fell short of the 50 percent plus one vote required for a first round victory, the MDP candidate will face the runner up Abdulla Yameen in a second round run-off on September 28.

JP complaints

Shortly before the provisional results were announced in the early hours of September 8, the JP challenged the results, later contending that the vote had been rigged in favour of both the PPM and MDP.

The party filed a case at the High Court on Tuesday (September 10) requesting an order for the EC to hand over copies of voter lists and result sheet of all ballot boxes.

The High Court however initially refused to accept the case citing incomplete documentation. The JP subsequently refiled the case with completed paperwork yesterday (September 11).

A member of the JP’s legal team, Mohamed Haleem, said the party had acquired ample evidence to prove the alleged discrepancies and irregularities, which included expatriates and dead people appearing on the voters list, use of multiple designs of ballot papers and double voting.

EC Chair Fuwad Thowfeek told Minivan News on Tuesday that the JP’s claims were “baseless and unfounded”.

“The allegations by the Jumhoree Party are wasting our time actually. They don’t understand democracy or how to accept defeat, it’s a very unfortunate thing,” Thowfeek told Minivan News. “People who cannot accept defeat should not face an election,”

“Gasim wants to tell people that he has more than 50,000 supporters, but the 50,422 [who voted for him] are his real support, he should be grateful to the people who voted for him. There is no way he’s going to find any more, even if a recount is conducted,” Thowfeek said.

Speaking at the party’s main meeting hall in Maafanu Kunooz last night, Gasim said the JP has written to the EC requesting a recount of all 470 ballot boxes in the presence of observers as provided for in the election laws.

“We have doubts to a very high degree. Vote [ballot papers] were printed. Dead people were doubled [on the voters registry],” he said.

Gasim also expressed confidence of obtaining a favourable ruling from the High Court or upon appeal at the Supreme Court and praised the judiciary as “the life of the country.”

“We know judges will bring justice for us,” he said.

Despite the allegations of wrongdoing, international observers, including those from the EU, Commonwealth, UK, US and India, praised the conduct of Saturday’s presidential election, describing them as “transparent and competitive”.

Local NGO Transparency Maldives (TM) – who ran the most comprehensive observation operation on election day – announced that none of the incidents reported on September 7 would have a “material impact on the outcome of the election”.

TM said in a statement that all candidates “were well-represented during the counting, making the process transparent and adding to its credibility.”

“Gasim Ibrahim was represented at 73.7 percent of polling stations during the vote count. Mohamed Waheed Hassan Manik was represented at 29.6 percent of polling stations during the vote count. Abdulla Yameen was represented at 74.2 percent of polling stations during the vote count. Mohamed Nasheed was represented at 91.5 percent of polling stations during the vote count,” the TM statement stated.

“While only 0.22 percent of ballot papers were disputed by the candidate/party observers during counting, in the vast majority of polling stations (85.5 percent), the counting concluded without any controversy.”

The EC has since invited applications for voter re-registration and revealed that 500 new voters will be eligible to cast their ballots on September 28.

Third parties

The opposition MDP meanwhile joined the JP’s High Court case today – which has been scheduled to begin on Sunday at 1:20pm – as a third party while the PPM has told local media that the party was also considering joining the case.

MDP’s Spokesperson Imthiyaz Fahmy confirmed to Minivan News that the party had decided to join JP’s case as it involved the legitimate interests of the party and presidential candidate, former President Nasheed.

The PPM meanwhile said that its election observers had also noted irregularities during the vote.

Vice presidential candidate of PPM, Dr Mohamed Jameel Ahmed, told local newspaper Haveeru that the basis of JP’s case had been derived from a previous Supreme Court case lodged by member of PPM’s Appeal Committee Ahmed Zaneen Adam.

“[The case] involves issues first highlighted by the PPM [in the Supreme Court case]. It is very important to verify the authenticity of the allegations [made by JP]. We hope that the court would make a quick and prompt decision,” Jameel told Haveeru.

Among the inconsistencies observed by the PPM’s election observers, Jameel claimed, included double voting and the election officials at polling stations being biased and prejudiced towards a “certain candidate” while announcing the election results.

The former Home Minister also raised concern over the “aggressive responses” given in the media by the members of EC regarding the issues. Jameel argued that EC members should not be personal in responding to complaints filed by candidates and other stakeholders regarding the election.

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Elections Commission warns Adhaalath Party over political abuse of Islam

The Election Commission (EC) has sent a formal letter of warning to the religious conservative Adhaalath Party, stating that the commission would take action should the party continue violating the Political Parties Act – the parent legislation upon which all political parties are founded.

Speaking to local media, Adhaalath Party Spokesperson Ali Zahir confirmed to local media that the party had received the letter.

Zahir said that the EC, in the letter signed by the Vice Chair of Elections Commission Ahmed Fayaz and addressed to the President of Adhaalath Party Sheikh Imran Abdulla, the commission condemned remarks made by the members of the party during a rally held at the Jumhoree Party’s campaign headquarters at Maafannu Kunooz.

The Adhaalath Party, along with the Dhivehi Qaumee Party (DQP) and the Jumhoree Party (JP) formed an umbrella coalition to back JP Leader and resort tycoon Gasim Ibrahim in the presidential election. However, following the defeat in the election, both the DQP and the Adhaalath have joined the JP’s contention that the election had been rigged in favor of both the opposition Maldivian Democratic Party (MDP) and the Progressive Party of Maldives (PPM).

According to Zahir, the EC claimed that Adhaalath Party President Sheikh Imran’s speech during the rally could lead to chaos and ‘fitnah’ among the society.

The commission in the letter noted that the High Court could order the dissolution of a political party should the party attempt to incite hate and violence among the people, said Zahir.

Sheikh Imran during the speech claimed that the Jumhoree coalition would not accept the results of the scheduled run-off election, regardless of who won it. The Adhaalath party claimed that the dissenting remarks were made against the EC after it announced it would take action against the party for labelling opposition Maldivian Democratic Party (MDP) supporters ‘Laadheenee’ (Anti-Islamic).

The rally eventually turned into a protest as the JP supporters gathered outside the residence of the EC Chair Fuwad Thowfeek calling for his resignation. The protesters maintained that last Saturday’s election had been rigged in favor of PPM and MDP.

The EC during a press conference on Tuesday announced that legal action would be taken against those political parties who sought to deploy Islam as a political weapon.

“The EC will do everything it can to take legal action against those who use Islam as a political weapon by labeling others as impious,” said the Vice Chair of EC Ahmed Fayaz. “This is a duty of the commission.”

Fayaz noted that Islam cannot be “hijacked” or “held hostage” by one particular group or political party.

“Because the Political Parties Act states that no one can use Islam as a political weapon”, the courts would be asked to dissolve any political party that is guilty of violating the law, said Fayaz.

Legal action would also be taken against people who “insult” or “disrespect” Islam, he added.

Speaking to Minivan News on Tuesday about the threats of violence, Chair of EC Fuwad Thowfeek responded saying that “it is very sad – especially [coming from] big political parties and some with them, like Sheikh Imran [Abdulla], President of the Adhaalath Party, who spoke in an uncivilised manner. It’s a pity political parties are behaving in that manner.”

“Human beings are given the mental ability to think. That is how you know to distinguish right and wrong. I think what is happening here is someone has gone insane. When you lose your brain these things happen,” EC Vice Chair Ahmed Fayaz was quoted as saying by local media outlet CNM.

“I have not done anything wrong. If I had done something wrong I would resign immediately,” Fayaz continued. “I wouldn’t wait until any state institution comes up and says that I breached the law. I’m not worried about security. You only die once,” he added.

The Adhaalath Party meanwhile questioned the motive of EC claiming that it was the only party who had received the letter from the commission while several other political parties had also criticized the commission.

“We also believe that action must be taken against political parties that violate the Political Parties Act. But it should be done in the right order. They should first take action against those who had breached the law first before coming to us,” said Ali Zahir.

Minivan News tried contacting both Chair of EC Fuwad Thowfeek and Vice Chair Ahmed Fayaz, but were not responding to calls at time of press.

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EC Chair dismisses JP allegations of vote rigging: “A small child would not believe what they are talking about”

The Elections Commission has dismissed as “baseless” the Jumhoree Party’s (JP’s) allegations of vote rigging, pointing to the commission’s transparency, ongoing complaints investigations, and praise from a broad spectrum of election observers.

While local and international election observers have praised the conduct of Saturday’s (September 7) presidential elections, JP presidential candidate Gasim Ibrahim, who was placed third in Saturday’s vote with 24 percent, has contested the results and accused the EC of tampering with the outcome.

Hours ahead of a delayed EC briefing to unveil the provisional election results, which tool place in the early morning hours of Sunday (September 8), a small group of JP supporters demonstrated outside the Dharubaruge convention centre alleging a 10,000 vote discrepancy.

On Monday (September 9), Gasim claimed 20,000 unlawful votes had been cast, while the former deputy leader of the Progressive Party of Maldives (PPM) Umar Naseer – who backed Gasim in the poll – accused the EC of giving Maldivian Democratic Party (MDP) members 30,000 additional ballot papers to tamper with the outcome of the election.

“The allegations by the Jumhoree Party are wasting our time actually. They don’t understand democracy or how to accept defeat, it’s a very unfortunate thing,” EC Chair Fuwad Thowfeek told Minivan News yesterday (September 10).

“People who cannot accept defeat should not face an election,” he continued. “It’s a contest so there’s a chance they will win or lose. In this case there were four contestants and only two could advance to the second round. Gasim Ibrahim doesn’t understand [this] and his followers are making a fool out of him,” he contended.

Thowfeek expressed confidence that Maldivians would understand that the JP’s allegations are “baseless”.

“They are just making all these false and fake allegations, there is no truth in anything they are saying and the public will know it is all lies,” stated Thowfeek. “No person who knows the [Elections Commission] system will believe any part. [Particularly] people who know me professionally and personally. A small child would not believe what they are talking about.”

The EC Chair explained that he has been in contact with Gasim and the JP and addressed their concerns.

“Gasim Ibrahim called me Monday (September 9) and I explained all the details to him. I also spoke very clearly to [MP Ahmed] Ilham when he came to meet on September 7,” said Thowfeek.

“Everything has been so transparent and we have readily provided all the results and what the JP has asked for, including soft copies [of results sheets from all 470 ballot boxes],” he noted.

“The only thing we cannot by law release is the list of who did and did not vote. The list contains confidential personal information – full names, dates of birth, ID card numbers – and can only be released with a court order,” he added.

Yesterday the High Court rejected a case filed by the JP seeking the release of the voters list and result sheets from the EC.

Speaking at a JP rally last night, Umar Naseer reportedly said the case would be resubmitted to the High Court today.

He said that it was dismissed due to “technical issues” as the court required additional information to be cleared from the EC before it could hear the case.

The JP is seeking the voters list to identify the number of allegedly “fraudulent votes” and determine if it could change the outcome of the election, Naseer said.

“We are certain that 95,000 people in the Maldives will not vote for Nasheed,” he was quoted as saying by newspaper Haveeru.

The JP coalition has so far learned that 1,188 people had been registered in homes without the knowledge of the owner while the names of 173 voters were repeated or doubled on the voters list, and the names of 569 deceased were also on the gazetted registry, Naseer claimed.

Thowfeek meanwhile appealed for international and domestic scrutiny of the EC to ensure transparency and public confidence.

“The EC would appreciate if international and local observers continued to keep a close watch on EC and voting activities to see how everything proceeds,” Thowfeek said.

He believes their monitoring will continue to demonstrate the transparent work of the EC because “after the second round result we don’t know what type of [inaccurate] talk will come out.”

“We met with international observers on September 8th and they were very pleased about what they had seen and noted [of the election process],” said Thowfeek. “There were many observers from various countries – the Commonwealth, EU, US, UK, Australia, Japan, Thailand, Malaysia, and India – and everybody praised the work we have done.”

Complaints investigation proceeding

The EC’s complaints investigation process is ongoing and will be completed “as soon as possible, probably by the end of this week,” Thowfeek said.

“The Complaints Bureau is attending to all complaints, and replies have [already] been sent to most of the complainants,” he said.

“There are some cases that may [be] prolonged because [identifying and speaking with] additional witness takes time, but these issues will be addressed before the next round [of the presidential election process],” he continued.

The discrepancies which the JP have alleged include: double voting, votes cast in the name of people who died prior to the election, inaccurate voter registry, lack of transparency during ballot counting, election officials being biased and aligning themselves towards MDP candidate Mohamed Nasheed and Progressive Party of the Maldives (PPM) candidate Abdulla Yameen.

“With [election] officials from different sources [working] in front of [election] observers, there was no way the type of fraud [JP is alleging] could be made,” said Thowfeek.

“Polling station officials were not all from the EC. We hired various officers from public sector organisations, as well as young people looking for work,” he noted.

“Every ballot box had a combination of all types of individuals, selected at random, and a balance was kept between females and males, young and old,” he explained. “Many met for the first time during training or [polling station] duty. All the people belonging to [and responsible for] each ballot box were not trained together [as a group].”

Thowfeek also addressed the voter registry concerns raised by the JP – and previously raised by the PPM prior to elections.

“The voter’s list was published two weeks before voting and the lists were [also] sent to all ballot box locations in addition to EC officials, presidential candidate representatives, observers from each political party,” said Thowfeek. “Anyone who has this [list] will know that they will not be able to show a single person who voted under a false name.”

He explained that the EC obtained the voter registration lists from island council offices as well as the Male’ municipality office. This data was compiled and the lists cross-checked with the Department of National Registration to verify its accuracy.

Thowfeek also emphasised that many individuals are not aware or are misunderstanding the Male’ Dhaftharu – a special registry for people who are Male’ residents, but are from other islands – registration process.

“In the past people were placed on the Dhaftharu with the municipal council [listed as their residence], but this time they put the places where they live,” said Thowfeek.

“7,000 people were registered on the Dhaftharu using the places they were residing at the time. Some people asked why add these names to a particular house [for voter registration] because these people were [previously] registered under the municipal list,” he continued.

“These individuals are originally from different islands, but if they live in Male’ over five years they are eligible for Male’ residency, however many don’t own a home in Male’, they rent or stay with relatives,” he noted.

“They are Maldivian citizens [from the islands] residing in Male’ but they don’t have a permanent residence – they have the right to vote,” he declared.

“In front of all those people – as well as election monitors and observers – there is no way anyone can do any sort of mischief,” he concluded.

During the September 8 early morning press conference, Vice Chair Fayaz addressed vote counting issues that resulted in police intervention at Majeedia and Amadiya Schools in Male’.

“One of the very important steps we will be taking is to replace such heads of polling stations. In the next round of elections we will not appoint such people as heads,” he said.

“The [vote] counting was done properly, but what was lacking was the polling station head not showing the ballot papers to the observers the way they wanted,” he continued.

“According to the figures revealed by Transparency Maldives there were monitors at observers in 80 percent of polling stations. We cannot force the observers to go and observe, it is something that they [must take the initiative to] do,” he noted.

“Counting is the most critical phase, sometimes during this phase there is a tendency where some monitors/observers try to intervene in the process, in such a case unless the police are in the vicinity, they cannot immediately help,” he emphasised. “That’s why you may have seen in some polling stations the police presence.”

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JP protests outside EC Chair’s residence

The Jumhooree Party (JP) coalition staged a protest outside Elections Commission (EC) Chair Fuwad Thowfeek’s home last night with demonstrators calling for the EC Chair’s resignation, claiming the election was rigged.

A JP rally at the party’s main meeting hall in Maafanu Kunooz in Male’ was cut short last night while leaders of the JP and Adhaalath Party (AP) led the crowd to Fuwad’s residence near the water building on Ameenee Magu.

According to local media reports, police had set up barricades at the corner of the water building before the JP demonstrators gathered near the EC chair’s home.

While the demonstration was largely peaceful, police reportedly escorted a group of Maldivian Democratic Party (MDP) youth away from the JP protesters after verbal sparring between the two groups. The JP demonstrators then made their way back to M. Kunooz after about 20 minutes.

Threats were meanwhile made against Thowfeek and the EC’s Vice Chair Ahmed Fayaz, as well as mocking comments about Thowfeek’s wife during a JP coalition rally held in Male’ on Monday night (September 9), attended by coalition supporters from the Dhivehi Qaumee Party (DQP), AP and former Progressive Party of Maldives (PPM) Deputy Leader Umar Naseer.

Naseer threatened violence, saying neither he nor Gasim or any of their followers will hesitate to spill their blood ‘for God and country.’ “If you [Thowfeek] want to leave the country, you should do it now,” said Naseer.

In a press conference on Tuesday – shortly after filing a case at the High Court requesting a court order compelling the EC to release the voters list and result sheets – JP MP Ilham said that the party will not let Fuwad Thowfeek “do whatever he wants with the votes” while everyone had been talking about the importance of “nationalism and Islam”.

“We have our dogs inside Elections Commission. By dogs, we mean informers who inform as about what is going on inside the Elections Commission. Don’t you dare touch a single ballot paper inside there, we will chop off the hands of those who do so,” said Ilham.

He also appealed to the police to intervene in the matter.

Speaking to Minivan News yesterday (September 10) about the threats of violence, Thowfeek responded: “it is very sad – especially [coming from] big political parties and some with them, like Sheikh Imran [Abdulla], President of the Adhaalath Party, who spoke in an uncivilised manner. It’s a pity political parties are behaving in that manner.”

During an EC press conference yesterday, the commission announced legal action would be taken against those who sought to deploy Islam as a political weapon.

“The EC will do everything it can to take legal action against those who use Islam as a political weapon by labeling others as impious,” he continued. “This is a duty of the commission.”

Fayaz noted that Islam cannot be “hijacked” or “held hostage” by one particular group or political party.

Legal action would also be taken against people who “insult” or “disrespect” Islam, he added.

Clause 15 of section 28(a) outlining ethical guidelines in the election regulations (Dhivehi) prohibits calling a candidate or his supporters laadheenee (irreligious or secular).

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