Tag: elections commission

EC contempt case postponed as election preparations continue

Today’s hearing in the Supreme Court’s contempt charges against the Elections Commission has been postponed, as the commission continues preparations for next month’s Majlis elections.

Elections Commissioner (EC) Director General Mohamed Shakeel told Minivan News today that today’s summons order had been cancelled, and that the commission’s schedule for the March 22 polls was continuing as planned.

Meanwhile, the Maldivian Democratic Party (MDP) has described the court’s latest actions as “highly alarming”.

Majlis candidates will be assigned numbers today and Saturday, and the deadline for accepting amendments to the current voter register lists is also today.

Yesterday’s surprise hearing was adjourned after the EC’s lawyer Hussein Siraj requested the four members be given time to respond to the charges.

The MDP has accused the court of attempting to “further subvert the authority of the independent Elections Commission in the run up the Parliamentary elections due next month.”

“Today’s [February 12] arbitrary summons of the Election Commission by the Supreme Court over an allegation of contempt of court effectively turned into a trial where the Supreme Court was both the plaintiff and the judge,” read an MDP press release.

Yesterday’s proceedings were both initiated and presided over by the Supreme Court, using new suo moto regulations introduced on February 6 which allow the court to initiate trials against any organisation or individual.

The penal code – currently under review by the People’s Majlis – prescribes a sentence of six months in prison, banishment, or house arrest for contempt of court – or a fine of MVR150 (US$10).

“With respect to this Supreme Court’s history of arbitrarily interfering in the country’s election process, the MDP find the Supreme Court’s latest actions highly alarming,” said the MDP.

The press release made reference to the 16 point guideline introduced during the court’s annulment of the September 7 presidential election first round, last year.

EC President Fuwad Thowfeek has previously criticised both the guidelines themselves, describing them as “impractical”, as well as the evidence used to annul the vote.

The presidential election first round had been deemed free and fair by a host of international observers, while  UN representatives have subsequently dismissed the court’s evidence and described the guidelines as “onerous”.

In October, the United Nations High Commissioner for Human Rights Navi Pillay accused the court of “interfering excessively” in the elections, and “subverting the democratic process”.

March’s vote will see 85 Majlis seats divided amongst 311 candidates. Shakeel explained that the EC had accepted 85 MDP candidates, 7 Dhivehi Rayyithunge Party candidates, and 122 independents.

The progressive coalition has submitted 50 Progressive Party of Maldives applications, 28 Jumhooree Party forms, and 7 from the Maldivian Development Alliance, he said. Meanwhile, estranged coalition member, the Adhaalath Party, has submitted applications for 13 constituencies.

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Supreme Court initiates contempt charges against EC, begins surprise trial

Read this article in Dhivehi

The Supreme Court has pressed contempt of court charges against the Elections Commission (EC) and held an unannounced hearing today under new regulations that allow the apex court to initiate charges and hold trial.

“The [Supreme Court] judges believe comments made by the Elections Commission in various forums on the court’s decisions and orders are contemptuous of the court. Today’s hearing is on our own initiative,” Chief Justice Ahmed Faiz said.

In addition to allegations of contempt of court, the EC is being charged with allegedly violating a Supreme Court order by dissolving eight minor political parties.

All four EC members were handed summons yesterday to attend the Supreme Court. However, Minivan News understands EC members and lawyers were not informed the Supreme Court would hold trial today. Case documents were only given to the commission a few minutes before trial began.

EC lawyer Hussein Siraj requested the Supreme Court to allow the commission an opportunity to research case documents and respond accordingly.

After a five-minute discussion break, Faiz agreed to the commission’s request and adjourned the hearing. He said a date for the next hearing would be announced later.

Five of the seven Supreme Court judges presided over today’s hearing, including Chief Justice Ahmed Faiz, Judge Ali Hameed, Judge Abdulla Saeed, Judge Ahmed Abdulla Didi, and Judge Adam Mohamed Abdulla.

Sumoto regulations

New regulations, titled ‘sumoto’ and publicised on February 6 allow the Supreme Court to initiate trials against any organisation or individual.

The defendants must be allowed the right to defend themselves, the regulations state.

The seven-member judge panel will preside over sumoto cases unless the Supreme Court decides otherwise.

“[The Supreme Court] must refer to how free and democratic countries act in such cases, in a manner that does not contradict the constitution of the Maldives,” the regulations state.

Contempt of court

Faiz said that the EC had made remarks in various press conferences that amounted to contempt of court, and which violated Article 145 of the constitution which states that the Supreme Court shall be the final authority on the interpretation of the constitution.

EC President Fuwad Thowfeek has previously criticised evidence used by the Supreme Court in annulling the first round of September’s presidential elections.

Four of the seven judges claimed that dead and underage voters had been allowed to vote, though it later emerged that several of those listed as deceased were in fact alive while several individuals listed as minors were in fact eligible to vote.

The EC has also said a 16-point electoral guideline imposed by the Supreme Court was “impractical”.

A leaked report by the Human Rights Commission of the Maldives has also questioned the evidence, noting that the Supreme Court does not have the authority to delineate guidelines.

Political Parties Act

The EC is also being charged with violating a January 9 Supreme Court order, which invalidated an EC order to smaller political parties requiring raising their membership to 10,000.

The EC had sent the letter as per Article 27 of the Political Party Act that states that it must give political parties a three-month deadline to increase party membership to 10,000.

The Supreme Court on January 9, however, ruled that the letter was invalid as the apex court had in September struck down Article 11 of the Political Party Act. Although the Supreme Court had not expressly struck down Article 27 in its initial verdict, the January 9 order said Article 27 was no longer functional.

Speaking to Minivan News before today’s trial, Fuwad said the EC had not disobeyed the Supreme Court’s order, saying that he believed the court may be referring to the EC’s decision to dissolve eight parties on February 6 for failing to reach the mandatory minimum of 3,000 members.

“While most of these parties are not active at all, the Elections Commission made a public announcement in 2013 to find out where their offices were located as letters and other documents sent to the parties were not being delivered,” the EC stated in a press release at the time.

“We also note that these parties to whom funds have to be released every year from the state budget have not been regularly submitting audit reports to the Elections Commission.”

As inactive parties were provided large amounts of state funding, the EC noted that dissolving the parties would alleviate the strain on the state budget.

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MDP should boycott polls unduly influenced by Supreme Court, says Nasheed

The opposition Maldivian Democratic Party (MDP) should not participate in the upcoming parliamentary elections if the Supreme Court exerts undue influence over the Elections Commission (EC), former President Mohamed Nasheed has said.

Speaking at a campaign event in Male’ last night, Nasheed contended that the Supreme Court’s summoning of EC members over alleged contempt of court was an attempt to “intimidate” the independent institution.

The apex court, in collusion with the ruling coalition, was planning to “play the same game they played in the presidential election,” the MDP’s former presidential candidate alleged, adding that the ‘Progressive Coalition’ was certain of facing defeat.

“In my view, an election conducted with the Supreme Court exerting influence over the Elections Commission to deliberately commit electoral fraud or rig the vote will not be a legitimate election – in my view, MDP should not participate in such an election,” Nasheed said.

Neither the international community nor the Maldivian public would accept general elections boycotted by the MDP, Nasheed said.

Nasheed referred to new regulations (Dhivehi) formulated by the Supreme Court last week to specify procedures for initiating cases on their own accord, correctly predicting that the court was planning to prosecute EC members.

“If the Supreme Court delays the election, meddles with the voters list and commits fraud after summoning the Elections Commissioner tomorrow [Wednesday] and intimidating Elections Commission members, I would say that the damage to our democracy and our country from participating in such a election would be greater [than not participating],” he said.

Nasheed claimed that the MDP lost last year’s presidential election because of “fraud and deception”.

“In my view, if we give up the Majlis election the same way, we are losing our future, the future of our children and children’s children,” he added.

A free and fair election in which the public has confidence is the foundation of democratic governance, Nasheed stressed.

“When there is no justice in voting, everything loses legitimacy,” he said.

Nasheed concluded his remarks by calling on the Supreme Court not to “muddle the entire future and hope of this nation.”

Meanwhile, appearing on MDP-aligned private broadcaster Raajje TV last night, MP Ali Waheed claimed that the government was conspiring to postpone the parliamentary elections scheduled for March 22.

The MDP parliamentary group’s deputy leader said he had learned of plans to delay the polls in certain constituencies in a bid to ensure that the ruling coalition secures a majority.

“If they carry out these efforts again this time, we will bring the whole country to a halt,” he warned.

Troubled polls

Last year’s presidential election was marred by repeated delays, cancellations and police obstruction.

On October 7, the Supreme Court annulled the results of the first round of the polls conducted on September 7 in a controversial 4-3 decision – citing a confidential police report – despite unanimous positive assessment of the polling by more than a thousand domestic and international election observers.

While the secret police report alleging irregularities – which was not shared with the EC’s defence lawyers – was dismissed by a UN expert review, the credibility of the evidence cited by the apex court was also questioned by the Human Rights Commission of Maldives.

Following the first round in which Nasheed emerged the frontrunner with 45.45 percent of the vote, third-placed candidate Gasim Ibrahim sought annulment of the results alleging widespread electoral fraud.

Pending a ruling on the business magnate’s appeal, the Supreme Court indefinitely suspended the second round scheduled for September 28 and issued a supplementary midnight ruling ordering the police and military to forcibly prevent the EC from conducting the polls.

The EC had said it intended to comply with the constitutionally-mandated deadline for the run-off, but was forced to capitulate after it was surrounded by special operations police with orders to storm the building, arrest officials and confiscate ballot papers.

The eventual revote on October 19 was also obstructed by police, after Progressive Party of Maldives candidate Abdulla Yameen and Gasim refused to sign the voter registry – a requirement from a 16-point guideline imposed on the EC by the Supreme Court judgment.

The guidelines also compelled the EC to consider the Department of National Registry’s (DNR) database as the primary source for compiling the eligible voters registry.

While the revote was eventually held on November 9 and a second round was due to take place the next day, Yameen refused to sign the voter lists hours before polls were to open and the Supreme Court ordered the EC to conduct the run-off election on November 16.

In what was the EC’s sixth attempt in two months to conduct polls, Yameen narrowly defeated Nasheed with 51.39 percent of the vote (111,203) to the MDP candidate’s 48.61 percent (105,181).

Meanwhile, on January 18, Nasheed told reporters that the MDP suspected electoral fraud using fake national identity cards in November’s polls.

Nasheed contended that non-existent people were added to the database at the DNR as part of “efforts to rig the election through the Supreme Court.”

EC President Fuwad Thowfeek told the press last month that the commission was was forced to consider the DNR list as legitimate despite errors, such as citizens deemed deceased while alive.

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Broadcasting commission asks DhiTV to stop using upside down photo of EC chief

The Maldives Broadcasting Commission (MBC) has today asked private TV station DhiTV and its sister company, the radio station DhiFM Plus, to stop using upside down images of Elections Commission (EC) President Fuwad Thowfeek.

In a statement issued on the MBC website, the commission asked the TV channel and the radio station – a pioneer of ‘visual radio’ in the Maldives – not to broadcast that content until the commission had concluded its investigation into the case.

MBC said that a letter had been sent today by commission President Mohamed Shaheeb advising the two stations not to broadcast anything in a way that it might encourage unrest, and to keep in mind that the parliament elections are ahead.

The Supreme Court has today launched a surprise trial against Thowfeek and his EC colleagues, using ‘sumoto’ proceedings to both initiate and preside over contempt of court hearings.

The president of MBC also advised the two stations to be aware of the code of practice established under the Broadcasting Act’s article 37.

MBC gave similar advise to the two stations in November after they again showed photos of three members of the Elections Commission – Thowfeek, Ahmed Fayaz, and Ali Mohamed Manik – upside down with a caption alleging that they had committed electoral fraud in the annulled September 7 presidential election.

Following the incident, MBC sent a circular to all broadcasters noting that complaints regarding the disrespectful use of photos had let to it taking action against media outlets for violating the broadcasting code.

CEO of DhiFM Masood Hilmy told newspaper Haveeru that the photo of the EC president was displayed after the Supreme Court had sent summons to the EC, but it had been removed upon MBC’s request.

Last month, MBC ordered both the Maldivian Democratic Party-aligned Raajje TV and the Jumhooree Party-aligned VTV to issue apologies for the content broadcast during the prolonged presidential election period.

While Raajje TV was found to have aired content defamatory to the Supreme Court, VTV was asked to issue an apology for material defaming the MDP’s presidential candidate Mohamed Nasheed, MP Rozaina Adam, and EC President Thowfeek.

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EC fines MDA for failing to hold a national congress

The Elections Commission has fined the Maldives Development Alliance (MDA) MVR30,000 for failing to hold the party’s national congress within the legally prescribed period.

The Political Parties Act states that such a congress should be held within nine months of registration. The MDA – lead by businessman and parliament member Ahmed ‘Sun Travel’ Shiyam – was registered on 20 December, 2012. The fine has to be paid within fifteen days.

The MDA is a member of the ruling Progressive Party of Maldives’ (PPM) governing coalition. It currently has two members in the parliament and will be running for seven seats in the upcoming parliamentary election.

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MDP and Adhaalath fined MVR 5000 over fraudulent membership forms

The Elections Commission has fined religious Adhaalath Party and opposition Maldivian Democratic Party MVR5000 (US$324) for submitting fraudulent membership forms.

According to the EC, the two parties had submitted membership forms where one individual had put fingerprints on different forms.

In January, the EC fined the ruling Progressive Party of the Maldives and its ally the Jumhooree Party for submitting membership forms on behalf of deceased people.

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EC to hold polls for five local councils on February 15

The Elections Commission (EC) has scheduled polls for four island councils and one atoll council for February 15.

Polls are being held to determine the fifth member of the Haa Alif atoll Muraidhoo, Shaviyani atoll Kondey, and Raa atoll Maakurathu island councils after two candidates were tied for fifth place during the vote held on January 18.

A fresh vote is being held in Noonu atoll, Miladhoo island, with the EC having invalidated the January 18 vote due to irregularities.

The delayed polls for the Gaaf Alif atoll council will also be held on February 18. The EC had postponed the vote to allow additional time for a formerly disqualified candidate to campaign. After the Supreme Court overturned the ruling, the vote was delayed, only for the candidate in question to withdraw.

Eligible voters who wish to cast their ballot in a location other than the box with which they are currently registered can submit re-registration forms at the EC until 3:00pm tomorrow.

Ballot boxes will only be placed in the respective islands and in Malé. To check registration status, send an SMS to 1414 with VIS [National ID#].

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Second round of voting in council elections scheduled for February 15

A second round of voting in the local council elections will take place in four islands on February 15, the Elections Commission (EC) has announced.

Speaking at a press conference held yesterday to announce official results of the January 18 polls, EC President Fuwad Thowfeek said a second round was needed in four island council races where candidates in fifth place were tied with the same number of votes.

Run-of elections will take place in Haa Alif Muraidhoo, Baa Fehendhoo, Raa Maakurath and Gaaf Alif Kodey.

Thowfeek also revealed that the EC has annulled the results of the Noonu Miladhoo island council election after it emerged that disappearing ink might have been used.

Following an investigation by the National Complaints Bureau, the EC decided that the issue could have affected the outcome of the vote, Thowfeek said.

In addition to Miladhoo, voting for the Gaaf Alif Villigili constituency atoll council seats has also been scheduled for February 15.

The Villigili poll was delayed by the EC to afford a candidate adequate time to campaign after his disqualification by the commission was overturned by the Supreme Court.

The candidate in question had however withdrawn his candidacy following the EC’s decision to delay the poll.

On the second round of voting, EC member Ali Mohamed Manik told the press that ballot boxes will be placed in the islands and Male’.

Manik added that the commission had not made a decision concerning voters in the constituencies registered to vote elsewhere in the country.

However, the EC cannot allow re-registration for the second round, Manik said.

Victory for MDP amidst low turnout

EC President Thowfeek also revealed that the turnout on January 18 was 64.5 percent, down from the 70 percent turnout in the first local council elections that took place in February 2011.

Of 240,220 eligible voters, 154,942 voters cast their ballots, Thowfeek noted.

While turnout in some islands exceeded 80 percent, participation in some constituencies of the capital was as low as 30 percent.

A total of 2,463 candidates contested in the January 18 polls for 1,100 seats – 951 island council seats, 132 atoll council seats, and 17 city council seats.

Thowfeek noted that 72 female councillors were elected in the second local council elections, which accounted for six percent of the winning candidates.

According to the official results, the opposition Maldivian Democratic Party (MDP) won the most number of seats.

The main opposition party fielded 901 candidates and won 458 seats, including eight out of 11 seats in the Male’ City Council and all six seats of the Addu City Council. The two cities together account for 40 percent of the voting population.

The MDP also performed well in other population hubs such as Kulhudhufushi in the north and Fuvahmulah in the south.

The ruling ‘Progressive Coalition’ – composed of the Progressive Party of Maldives (PPM), Jumhooree Party (JP) and the Maldives Development Alliance (MDA) – fielded 934 candidates and won 456 seats.

The PPM took 277 seats, followed by the JP with 123 seats and the MDA with 56 seats.

Of the 543 independent candidates, 133 were elected. The Adhaalath Party meanwhile fielded 83 candidates and secured 45 seats.

The religious conservative party campaigned independently of the government coalition as it was not an official coalition partner with a formal agreement.

The Dhivehi Rayyithunge Party meanwhile fielded two candidates and won one council seat.

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EC announces preliminary results of local council elections

The Elections Commission (EC) yesterday completed announcing preliminary results of the local council elections that took place on Saturday, January 18.

EC President Fuwad Thowfeek told the press that a second round of voting would be necessary in some races where the last placed candidates received the same number of votes.

“For example, for a five-member council, if the [candidates] in fifth place and sixth place are tied, in such cases we have to go to a second round,” Thowfeek explained.

He added that the EC would announce a date for the second round, though Thowfeek did not reveal the constituencies where a second round would be needed.

Official results are meanwhile expected by Friday. Election laws stipulate that official results must be announced within 14 days of the polls.

A total of 2,463 candidates contested in the January 18 elections for 1,100 seats – 951 island council seats, 132 atoll council seats, and 17 city council seats – in the country’s second local government elections under the landmark Decentralisation Act of 2010.

Minivan News’s analysis of the provisional results – subject to change – shows that the opposition Maldivian Democratic Party (MDP) won 457 seats (41.5 percent) while the ruling Progressive Party of Maldives (PPM) won 281 seats (25.5 percent).

The PPM’s coalition partners, the Jumhooree Party (JP) and the Maldives Development Alliance, took 125 seats (11.4 percent) and 59 seats (5.4 percent) respectively.

The Adhaalath Party secured 45 seats (4.1 percent) – including a majority in three councils – while the Dhivehi Rayyithunge Party (DRP) won one seat (0.1 percent) and independent candidates won 132 seats (12 percent).

The Adhaalath Party campaigned independently of the government coalition as the religious conservative party was not an official coalition partner. The party decided to back PPM candidate Abdulla Yameen in the second round of the presidential election last year without a formal coalition agreement.

Close race, PPM satisfied

The MDP’s 457 seat haul meanwhile includes 55 atoll council seats, 14 city council seats, and 388 island council seats.

The main opposition party retained a majority of the Malé and Addu City councils. The two cities account for 40 percent of the voting population.

The party also gained majority control of 79 councils (37.6 percent).

Parties representing the government coalition took a combined total of 465 seats, including 71 atoll council seats, three city council seats, and 391 island council seats.

The government coalition won a majority in 57 councils.

At a press conference hours after polls closed on January 18, former President Mohamed Nasheed said that the results portended a victory for the MDP in the upcoming parliamentary elections.

Nasheed also threatened to impeach President Abdulla Yameen should the opposition party secure a majority of parliamentary seats.

“The Maldivian citizens still want an MDP government, and for Maldives to be ruled according to MDP’s philosophy. I would like to tell the Maldivian public, do not be disheartened. God willing, without much delay, we will take over the government,” he said.

Earlier in the day, Nasheed told reporters that the MDP suspected electoral fraud using fake national identity cards in the presidential election.

The former president’s remarks were condemned the following day by the PPM, with Deputy Leader Abdul Raheem Abdulla expressing confidence of the government coalition winning “a clear majority” of seats in the local council elections.

Raheem accused the MDP’s presidential candidate of attempting to incite unrest and turmoil.

Referring to Nasheed’s remarks conceding the presidential election on November 16, Abdul Raheem said a responsible opposition party would not seek to change the government.

Nasheed was narrowly defeated by PPM candidate Yameen in November’s controversial presidential election, winning 48.61 percent of the vote (105,181) to Yameen’s 51.39 percent (111,203) – a difference of just 6,022 votes.

President Yameen meanwhile told reporters last week that PPM members who contested as independents cost the government coalition a number of seats.

Yameen claimed that more than 85 percent of independent candidates were PPM members.

PPM members decided to contest as independent candidates in constituencies reserved for the coalition partner JP, Yameen explained, despite instructions from the party.

President Yameen noted that the three seats won by PPM candidates in the capital was an improvement on the February 2011 results, in which the then-opposition took two seats to the MDP’s nine.

Yameen further contended that the results of the council elections showed “huge support for our coalition”.

“So I am satisfied. [But] we could have put in a better effort,” he said.

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