Tag: Mohamed Nihad

Feydhoo case accepted as High Court considers 13 election-related complaints

A panel of High Court judges have overruled a decision by the court’s registrar to reject a case filed by a losing candidate seeking annulment of the results for the Feydhoo constituency in the March 22 parliamentary polls.

The registrar’s decision regarding the Feydhoo constituency was overturned after the claimant – opposition Maldivian Democratic Party (MDP) candidate Mohamed Nihad – appealed the decision.

Of the 16 election-related complaints submitted to the High Court before the deadline last Friday (April 11), the court has rejected three cases and commenced proceedings on 12 others.

Following the decision to accept Nihad’s complaint, a first hearing of the Feydhoo constituency case has been scheduled for 2:15pm tomorrow (April 17).

Electoral laws stipulate that the High Court must conclude election-related cases within 30 days of the announcement of the official results, which was made on March 28.

In addition to complaints submitted by its candidates, the main opposition party has challenged the results in three constituencies.

Tagged ballot papers

Briefing members of the MDP’s national council yesterday, former Human Resources Minister Hassan Latheef – a member of the party’s legal committee – explained that that the party filed cases concerning the Villigili, Isdhoo, and Gemanafushi constituencies.

As both the constitution and electoral laws stipulate that voting must be conducted through secret ballot, Latheef said the Elections Commission (EC) was responsible for ensuring secrecy of the ballot.

Based on precedents established by the High Court and Supreme Court, Latheef explained that the MDP has asked the High Court to declare that ballot papers tagged with a symbol or mark would be invalid.

In the Gaaf Alif Villigili constituency election, Latheef said that about 300 ballot papers were tagged, all of which were counted as valid votes for the Progressive Party of Maldives’ (PPM) candidate.

Similarly, in the Laamu Isdhoo constituency, Latheef said the number of tagged ballot papers was more than 150 while there were more than 100 tagged ballot papers in the Gemanafushi constituency.

Latheef noted that in all three constituencies, the margin between MDP and PPM candidates was smaller than the number of tagged ballot papers identified by observers.

The party has submitted witnesses in all three cases, he said.

Under a precedent established by a Supreme Court ruling, Latheef said that if the number of ballots whose secrecy was compromised exceeds the margin of victory, the poll would not be valid.

As compromising the secrecy of the ballot in any election was illegal, Latheef contended that tagged ballot papers should be considered invalid votes.

Hearings have nearly concluded in all three cases, Latheef continued, and judges have said that verdicts would be delivered at the next trial date if they decide not to summon witnesses.

Transparency

Following Latheef’s briefing and presentation of the legal committee’s report on the election-related cases, former President Mohamed Nasheed – who was chairing yesterday’s national council meeting following his appointment as the party’s acting president – said that the party’s secretariat requested information of suspected wrongdoing from all election observers.

Detailed information was sent to the party office by MDP observers in the three constituencies where the party has challenged the results, he noted.

“Our biggest aim is to ensure that votes taken in the Maldives in the future are valid, transparent, and trustworthy,” Nasheed said.

Earlier this month, the MDP issued a press release accusing government-aligned parties of unduly influencing the March 22 polls through coercion and intimidation in addition to vote buying.

Some voters were asked to tag their ballot papers with a special mark or symbol for PPM observers and candidate representatives to identify their votes, the party alleged.

Voters were threatened with dismissal from their government jobs if they did not follow the instructions and proved they voted for the coalition candidate, the press release stated.

In the wake of the Majlis elections, NGO Transparency Maldives stated that while the polls were well-administered and transparent, “wider issues of money politics threatens to hijack the democratic process”.

The religious conservative Adhaalath Party also blamed its poor showing on bribery and coercion – accusing both sides of such practices.

“We saw it both from the ruling party and opposition Maldivian Democratic Party but we really did not want to buy votes –  instead we tried to change the way people think,’’ Adhaalath Party Spokesperson Ali Zahir told Minivan News.

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Civil Court rejects MP Alhan’s request for injunction suspending candidacy of MDP Feydhoo ticket winner

The Civil Court has ruled today that it does not have the jurisdiction to grant an injunction suspending the candidacy of the Maldivian Democratic Party’s (MDP) Feydhoo primary winner.

The decision (Dhivehi) came in a lawsuit filed by Feydhoo MP Alhan Fahmy against the MDP seeking annulment of the opposition party’s primary for the Feydhoo constituency in Addu City.

Alhan lost the MDP’s primary to Mohamed Nihad last month by a 162 vote margin and challenged the results on the grounds that the voter list was outdated and did not include 67 new members. He also alleged electoral fraud in the Feydhoo poll.

Alhan had asked the court to order the Elections Commission (EC) to suspend Nihad’s candidacy pending a judgment on the legitimacy of the primary contest.

Judge Ali Naseer however ruled that cases concerning the candidacy of persons standing for parliament was in the jurisdiction of the High Court under the Judicature Act and the General Elections Act.

Lawyers representing the MDP reportedly did not attend this morning’s hearing.

Judge Naseer said that the party will be given an opportunity to respond to the allegations of fraud at the next trial date.

At yesterday’s hearing, the party’s legal team raised a procedural issue contending that the court could not hear the case as Alhan had not completed the appeals process through the party’s internal mechanisms.

The judge however dismissed the procedural point and ruled that the court could proceed with the case. He noted that as the MP could no longer submit a complaint to the party’s appeals committee, dismissing the case would deprive Alhan of his constitutional right to a fair trial.

The MDP has since appealed the ruling at the High Court.

While Alhan had first filed his case at the High Court, the court’s registrar informed his lawyers that it could not hear cases involving internal elections conducted by political parties.

Alhan was stabbed in a restaurant in Male’ on February 1 and returned to the Maldives on Friday (March 1) after undergoing treatment in Sri Lanka.

The incumbent MP is contesting the upcoming parliamentary elections as an independent candidate.

Last August, Alhan was summoned by police in connection with the alleged blackmailing of Supreme Court Justice Ali Hameed, using footage of the judge having sex with three prostitutes in a Sri Lankan hotel.

The MP tweeted a screenshot of a text message he claimed had been sent to his mobile phone by Superintendent of Police Mohamed Riyaz. The text read: “Alhan, will make sure you are fully famed (sic) for blackmailing Justice Ali Hameed. You don’t know who we are.’’

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Feydhoo primary annulment case accepted by Civil Court

The Civil Court has reportedly accepted the case of Maldivian Democratic Party (MDP) MP Alhan Fahmy, who has requested the annulment of the the Feydhoo constituency primary election.

After losing the contest for next month’s Majis elections, Fahmy claimed the contest was fraudulent and that any candidate who won the MDP ticket through fraud cannot be a valid one.

After Mohamed Nihad won the primary, Fahmy alleged that the list used on polling day were different from the [eligible] voter lists.

Alhan called for a fresh vote in the constituency, claiming the voter list used at polling stations was outdated and did not afford 67 party members the right to vote.

The election committee confirmed that 67 members were indeed missing from the list at the ballot box, but decided against holding a re-vote, arguing the primary outcome would not change even if these members were allowed to vote.

After attempting to file the case with the High Court, the MP’s legal representatives were told that the court did not have the jurisdiction to look into internal party matters.

Alhan was stabbed in public on February 1 and is currently recovering in Sri Lanka. He has announced he will contest March’s People’s Majlis election as an independent.

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Alhan seeks to invalidate candidacy of MDP Feydhoo ticket winner

MP Alhan Fahmy will seek Civil Court assistance to invalidate the candidacy of Mohamed Nihad – winner of the opposition Maldivian Democratic Party’s (MDP) primary for the Feydhoo constituency, local media has reported.

“I asked for the primary to be annulled because the list used on polling day and the [eligible] voter list is different, and the focal point at the ballot box in Feydhoo has said the polls are not fair. And none of the candidates have signed the results,” Alhan told Haveeru Daily today.

The incumbent MP contends that the election in the Feydhoo constituency was fraudulent and that any candidate who won the MDP ticket through fraud cannot be a valid one.

Nihad competed against eight candidates, winning 316 votes. Alhan came in second with 154 votes.

Alhan called for a fresh vote in the constituency, claiming the voter list used at polling stations was outdated and did not afford 67 party members the right to vote.

The election committee has confirmed that 67 members were indeed missing from the list at the ballot box, but decided against holding a re-vote, arguing the primary outcome would not change even if the 67 members were allowed to vote.

Alhan was stabbed in public on February 1 and is currently receiving treatment at Colombo’s Central Hospital. He has announced he will contest March’s People’s Majlis election as an independent.

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