MDP will not respect separation of powers, says President Yameen

The Maldivian Democratic Party (MDP) did not respect separation of powers during its three years in government, President Abdulla Yameen has said, urging voters to consider the track record of former President Mohamed Nasheed’s administration before choosing parliamentary candidates.

Speaking at the Progressive Coalition’s parliamentary campaign launching rally on Thursday night, President Yameen strongly criticised the opposition party’s campaign slogan – “Vote for the scale [of justice] for separation of powers” – contending that an MDP-controlled parliament would exert undue influence on other state institutions.

“Our rival opposition party is saying that they are coming to the People’s Majlis to separate powers. No doubt separation of powers is important in modern democratic systems. Separation of powers is a basis we all believe. But let us consider how responsibly and the extent to which powers were separated during the three years of the MDP government,” he said.

“We have to learn from past experience and they have shown very well, in much detail, during their three years how they want to separate powers in the future.”

The state of affairs that prevailed in the country at the end of the MDP’s three years in government should not have been what it was if the party had ruled democratically, Yameen argued.

Yameen said he “could not believe” that national debt could rise from MVR5 billion (US$324 million) to over MVR30 billion (US$1,195 million) during a democratic government.

MDP in office

President Yameen claimed that the MDP government attempted to merge the three powers of state during its time in office.

Yameen referred to the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012, which he contended was prompted by “verdicts or punishments not being delivered the way the president wanted.”

Moreover, the arrest of two opposition MPs in June 2010 “showed the extent to which political space was offered” to members of the People’s Majlis, Yameen said.

Following the en masse resignation of Nasheed’s cabinet on June 29, police arrested then-MP Yameen and MP Gasim Ibrahim over allegations of bribery and treason. Both MPs were subsequently released by Judge Abdulla.

Yameen also referred to the delayed appointment of the Anti-Corruption Commission’s (ACC) President Hassan Luthfy, who was eventually sworn in 24 months after parliament approved him for the post.

After President Nasheed recalled Luthfy’s name and proposed a substitute nominee in late 2009, parliament rejected the substitute and approved Luthfy to the commission.

The President’s Office delayed swearing-in the new commissioner as it sought a Supreme Court ruling. Yameen alleged that the appointment was held up to prevent the ACC from functioning.

MDP MPs have not shown “even a small example of separating powers,” Yameen continued, accusing opposition MPs of obstructing the government and blocking development projects.

“Dark clouds” on horizon, warns vice president

Yameen also accused the opposition party of refusing to cooperate with the government on confirming the appointment of a new prosecutor general.

“So I have to say that it might be that they are obstructing [the appointment] because there are cases involving [opposition MPs]. This is why I am saying they are not trying to separate powers. What we are seeing is the merging of powers,” he said.

In his speech at the rally, Vice President Dr Mohamed Jameel Ahmed contended that MDP MPs contesting the upcoming parliamentary elections endorsed former President Nasheed’s alleged “inhumane activities” and “insults” to Islam and the Prophet Mohamed (pbuh).

Voting or campaigning for such MPs was “without a doubt aiding and abetting sin and strife,” he said.

Repeatedly urging voters to consider the MDP’s track record before voting on March 22, Dr Jameel called on the public to vote for coalition candidates to empower citizens, defend the constitution and protect Islam.

Reiterating a central theme from last year’s presidential campaign, Dr Jameel insisted that the MDP would pursue an agenda to eradicate Islam from the Maldives.

The vice president also said he could see “dark clouds gathering” on the horizon, warning of arson in the capital Malé and judges “tied with rope and dragged through the streets.”

Former President Maumoon Abdul Gayoom – figurehead and leader of the ruling Progressive Party of Maldives – meanwhile praised the candidates fielded by the PPM and its coalition partners Jumhooree Party and the Maldives Development Alliance.

Gayoom stressed that the Progressive Coalition must “work together” in the parliamentary campaign to secure a majority in the People’s Majlis, adding that government supporters contesting as independents would split the vote and benefit the MDP.

“Our three parties are working together as one party. We are working towards one objective. So there is no doubt that candidates contesting from our parties will have the full support of the other two parties,” said Gayoom.

“That is why I am saying that the foundation of the efforts we are commencing is working together, helping one another, and cooperating with each other.”

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MPs warned of consequences of failure to pass anti-money laundering legislation

A high-level delegation from the Asia/Pacific Group on Money Laundering (APG) informed MPs on the National Security Committee yesterday of “negative consequences” for the Maldives if parliament fails to enact anti-money laundering legislation next month.

In an unofficial meeting with the committee’s chair, MP ‘Reeko’ Moosa Manik, and MPs Abdul Azeez Jamal Abubakur and Mohamed Thoriq, APG Co-chair Andrew Colvin warned that the organisation along with the Financial Action Task Force (FATF) “would be left with little option but to take certain measures that would be negative for the Maldives” should the legislation not be passed.

APG Executive Secretary Dr Gordon Hook noted that implementing laws on anti-money laundering and combating the financing of terrorism (AML/CFT) was “an obligation that the Maldives undertook voluntarily when you joined the APG in 2008” as a condition of membership.

“There are 41 countries in the APG. They include every country in the Asia/Pacific region with the exception of North Korea and three tiny Pacific states. Among those 41 countries of which Maldives is a member, you are the only country without a comprehensive AML/CFT framework,” he observed.

The anti-money laundering bill was submitted to parliament in late 2013 and sent to the National Security Committee for further review.

The absence of legislation “makes Maldives very vulnerable to money laundering and terrorist financing,” Dr Hook said.

He added that the vulnerabilities were identified by the International Monetary Fund (IMF) in a report prepared in 2011.

Maldives Monetary Authority (MMA) Assistant Governor Neeza Imad meanwhile told MPs that the Maldives received a very low rating in an assessment by the APG in 2011, after which the central bank began drafting legislation on AML/CFT.

Technical assistance was provided by the APG and the IMF, she noted.

Countries that are listed by the APG for non-compliance with its standards on AML/CFT face “hindrances” in securing foreign direct investment, opening accounts overseas, and conducting international financial transactions, Neeza said.

Consequences

Dr Hook explained that the APG in its annual meeting last year made a unanimous decision to send a high-level delegation to the Maldives “to express concern prior to the next annual meeting”.

Elaborating on the consequences, Dr Hook noted that 14 member states were subject to review last year by the FATF through the International Cooperation Review Group (ICRG).

“They have what’s called a blacklist and counter measures list. There’s a lot of countries on that list at the moment and there are varying categories on that list. And it doesn’t matter where you are on the list. There are negative consequences to it,” he said.

The consequences include having overseas credit card transactions blocked for citizens of listed countries and the blocking of incoming wire transfers from European banks, Dr Hook said.

“It would be our concern – and the co-chair has expressed that – that the Maldives should not be the subject of those negative consequences at the very time that the Maldives is working very hard to eliminate public debt and to attract foreign investment,” he continued.

The parliament upon returning from recess has “a small window of opportunity” to pass the bill in March, he suggested.

If the legislation is not enacted before the next meeting of the FATF in June, Dr Hook cautioned that the Maldives’ case would be taken under consideration.

“I can indicate that the Maldives is already on a list of jurisdictions that are under consideration by FATF,” he said.

He added that the Maldives “dodged a bullet” last year because the FATF “looked at PNG [Papa New Guinea] as an alternative.”

A review by the FATF “could take upwards to three years,” Dr Hook noted, “during which you in the Maldives would expend a huge amount of resources to try to deal with the issues.”

“You can dodge that bullet if you enact the legislation,” he advised.

Political will

Following statements by the delegation, MP Moosa Manik said that the committee could complete reviewing the legislation in “24 hours” and send it to the floor for a vote in the first week of March.

The opposition Maldivian Democratic Party MP urged the delegation to seek a commitment from the executive as the ruling coalition had “a clear majority” in the People’s Majlis.

In response, the delegation said it has met with Finance Minister Abdulla Jihad and was planning to meet Attorney General Mohamed Anil as well as officials from the Maldives Police Service and the Prosecutor General’s Office.

The MDP chairperson also alleged that some pro-government MPs could be involved in money laundering and might oppose enactment of AML/CFT laws.

MP Abdul Azeez – a member of the ruling Progressive Party of Maldives – however told the delegation that there was “no political will to delay this bill.”

“We are willing to do this and I think it is our obligation to pass this bill for the sake of the nation. There is no will to delay this purposely,” he said.

In his concluding remarks, Colvin said the delegation was encouraged by the assurances from committee members.

“We will make sure that in our report we reflect that. We will need to get back to the [APG] membership and advise them on the progress and we will look on with much interest in March and hope that the bill can make it through the parliament,” he said.

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High Court rules that MPs’ police obstruction cases cannot be refiled

The High Court has today overruled a decision made by the Criminal Court to accept a previously withdrawn police obstruction case involving MPs Ali Waheed and Ahmed Mahloof.

The case was first filed in the Criminal Court by the Prosecutor General (PG) on 9 November 2010 before being withdrawn twenty days later.

The public prosecutor had argues that the initial case was only withdrawn temporarily while police investigated a related incident.

After the case was again filed in the Criminal Court, defense lawyers of Ali Waheed – which includes former Attorney General Husnu Suood – invoked procedural issues saying that the case could not be refiled.

According to the High Court, on 12 September 2012 the Criminal Court ruled it would proceed with the case, stating that the PG had full authority under the article 5 of the Prosecutor General’s Act to do so.

Ali Waheed subsequently appealed the decision at the High Court, arguing that the PG did not have the authority to re-submit a case without first bringing changes to it.

The High Court’s ruling stated that there were three situations where the PG could withdraw a case filed at a court: to revise the case, to withdraw a case without specifying any reason, or to withdraw a case after telling the court that that the office did not wish to proceed.

The ruling today said that the PG had sent a letter to the Criminal Court on November 29, 2010, asking it to send all the files concerning the case, and that the PG had not stated that the case was being withdrawn for revision.

The High Court said that PG lawyers had explained the withdrawal was because the PG had asked for police to investigate a case where a group of people stormed into the Civil Service Commission. Both cases were related, but the police had not concluded the investigation when hearings into the first case had started.

Ali Waheed was charged with obstruction of police duty during an anti-government protest he had participated in while a member of the then opposition Dhivehi Rayyithunge Party (DRP).  Waheed, who has since defected to the Maldivian Democratic Party in May 2011, was charged for breaching article 75 of Maldives Police Services Act.

During the hearings held at the High Court, Assistant Public Prosecutor Hussain Nashid claimed that the charges had only been dropped “temporarily” in a bid to respect the “fairness” of criminal trials.

Nashid also argued that the PG had the discretionary power to decide upon the procedures as to how criminal charges can be filed.

Both Waheed and Mahloof were elected to parliament as representatives of the DRP. However, following the split of the DRP into two factions, both Waheed and Mahloof chose to leave the party.

Mahloof went onto join the Progressive Party of Maldives, the party formed by followers of former President Maumoon Abdul Gayoom.

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Cabinet advises president to establish regulations for death penalty

The cabinet has today advised President Abdulla Yameen that there is no legal obstruction to implementing death sentences, asking him to establish regulations determining the appropriate procedure.

The cabinet noted murder to be a serious crime on a national level, calling upon the president to pursue implementation of the death sentence using lethal injection.

Meanwhile, Progressive Party of Maldives (PPM) MP Ahmed Mahloof has today announced his decision not to seek a public referendum on capital punishment, giving his apologies to the public.

The decision followed the Fiqh Academy’s statement announcing that a public referendum on the death sentence was unlawful as the punishment was determined in Islamic Sharia.

Mahloof told the press today that he started the work with good intentions, but as religious scholars had said the referendum was unlawful, he no longer wanted to go ahead with it.

Mahloof held a press conference today at the PPM’s offices, telling media that he had never opposed the penalty, but rather had wanted – via the public referendum – to show how much the people were in need of it.

Mahloof said that the cabinet has the authority to enact the death sentence, and called upon it to realise that the implementation of capital punishment has to be started as soon as possible.

On February 4, Mahloof proposed conducting the referendum, suggesting that a poll could be held simultaneously with the parliamentary elections scheduled for March 22.

On the same day Islamic Minister Sheikh Mohamed Shaheem Ali Saeed wrote on his twitter page that a public vote was not allowed on something already determined under Islamic Sharia.

Mahloof’s actions followed Home Minister Umar Naseer’s order to the Maldives Correctional Service last month to begin preparations for implementation of death sentences by lethal injection.

Amnesty International subsequenty called on the government to halt any plans to end the current moratorium on the death penalty, describing such a move as “a retrograde step and a serious setback to human rights in the country.”

President Yameen – on a state visit to Sri Lanka at the time of Naseer’s announcement – meanwhile told the press that the home minister’s order was not discussed in cabinet, and promised “broad discussions” on the issue.

In December 2012, the then-Attorney General Azima Shukoor has drafted a bill outlining how the death sentence should be executed in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

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Adhaalath announces seven candidates for parliament

The Adhaalath Party (AP) announced seven candidates today for constituencies contested by the ruling ‘Progressive Coalition,’ bringing the number of the religious conservative party’s parliamentary candidates to 13 in total.

The candidates announced today were Ali Zahir for the Inguraidhoo constituency, Ibrahim Ahmed for the Madduvari constituency, incumbent MP Ibrahim Muttalib for the Fares-Maathoda constituency, Abdulla Ibrahim for the Kendhikolhudhoo constituency, Hassan Rasheed for the Kudahuvadhoo constituency, and Abdulla Haleem for the Isdhoo constituency.

The party also named the Fiqh Academy Vice President Dr Mohamed Iyaz Abdul Latheef for the Hulhuhenveiru constituency. Dr Iyaz last week sparked controversy as he endorsed the practice of female genital mutilation in an online forum.

AP Spokesperson Ali Zahir said at a press briefing today that the party decided to field candidates for the seven seats as no progress had been made in “unofficial” talks with the Progressive Party of Maldives (PPM) on the possibility of ceding five constituencies for AP candidates.

While the AP has not given up hope of reaching a compromise with the ruling party, Zahir said the party gave tickets to seven more candidates because the deadline for submitting candidacy papers was two days away.

“When they began primaries yesterday, we felt they no longer intend to go forward with us,” he said, adding however that the PPM had “signalled” an interest in further negotiations.

Zahir noted that the PPM conducted primaries yesterday for all five of the constituency requested by the AP.

While the AP “hopes this number [of candidates] will not become higher [than 13],” Zahir said it was possible that the party’s ticket could be awarded to more candidates in the coming days.

The three parties in the governing ‘Progressive Coalition’ reached an agreement last week to allocate the 85 parliamentary constituencies among the coalition partners, with 49 seats assigned for the PPM, 28 seats for the Jumhooree Party (JP), and eight seats for the Maldives Development Alliance.

Following its exclusion from the coalition’s parliamentary election plans, the AP began discussions separately with the three parties on the possibility of allocating constituencies to its candidates.

However, negotiations with the JP ended unsuccessfully after it refused to cede the Vaikaradhoo and Makunudhoo constituencies as requested by the AP.

Last week, the AP announced that it would be fielding candidates in six constituencies contested by the JP.

In addition to the five candidates announced on Wednesday – Anara Naeem for the Makunudhoo constituency in Haa Dhaal atoll, Aishath Haleela for the Vaikaradhoo constituency, Ahmed Zahir for the Komandoo constituency, Asadhulla Shafie for the Kaashidhoo constituency, and Hisham Ahmed for the Meedhoo constituency in Addu City – the AP later announced that State Minister for Home Affairs Abdulla Mohamed was awarded the party’s ticket for the Nolhivaram constituency.

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Voting ongoing in PPM primaries

The ruling Progressive Party of the Maldives (PPM) has begun primaries for 25 parliamentary constituencies today.

Voting is proceeding smoothly in Malé at Dharubaaruge, Thajuddeen School, Malé City Hall and the PPM’s ally Maldives Development Alliance (MDA) party offices, PPM Secretary General Mohamed Zuhair said.

Over 2,700 members had registered to vote in Malé, Zuhair said, adding that the only complaints the party had received so far related to registration.

Parties in the ruling coalition allocated 49 of the 85 People’s Majlis seats to the PPM, 28 seats to the Jumhooree Party (JP) and nine seats to the MDA.

The party ticket was initially awarded to 13 candidates due to a lack of contestants. The 13 included eight incumbent MPs.

Over 150 candidates applied to contest the remaining 36 constituencies. But only 92 candidates were chosen for the primaries.

Applicants were graded on a six point criteria that included the extent to which candidates uphold party ideology, the length and type of service to the party, experience in parliament and participation in the presidential campaign.

Only candidates who received over 75 points were allowed to contest.

Five candidates – including four incumbent MPs – were awarded the party ticket on Friday after their competitors failed to meet the 75 percent threshold.

The PPM said it will hold primaries for the remaining six constituencies tomorrow.

Vilimaafannu MP Ahmed Nihan who won the party ticket by default said some members had complained of the party leadership favoring one candidate over the other.

“Holding primaries is not easy. For any party. But I do not expect any major issues,” he said.

Meanwhile, local media have reported conflict has emerged between the PPM and MDA over the Gahdhoo constituency. The seat was initially allocated to the MDA, but the party decided not to field a candidate and to instead back incumbent MP Zahir Adam.

Zahir was recently suspended from opposition Maldivian Democratic Party (MDP) after he violated a three-line whip and voted for President Abdulla Yameen’s cabinet in December.

Following MDA’s decision not to contest the Gahdhoo constituency, PPM called for applicants for primaries. According to local media, the MDA has ordered the PPM to retract the announcement.

Polls will close at 10:00pm tonight.

Applications must be submitted to the Elections Commission by February 11. Parliamentary elections are set for March 22.

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Week in review: February 1 – 8

The last week’s headlines were dominated by the stabbing of Maldivian Democratic Party (MDP) MP Alhan Fahmy in a Malé cafe.

After flying to Sri Lanka for prolonged surgery to repair spinal damage, the Feydhoo constituency MP’s family revealed he will face a hard struggle if he is to regain the full use of his right leg.

The attack was swiftly condemned both internationally and domestically, with fellow MP’s pointing the finger at local gangs and their political paymasters.

Despite his attack, Fahmy remained determined to contest in the Majlis primaries, despite the MDP refusing to hold a re-vote in the Feydhoo party primary. After losing the poll, Alhan had questioned the fairness of proceedings and will now contest as an independent.

Controversy also accompanied a number of other MDP primaries, with  Kendhoo constituency candidate Mauroof Zakir considering a legal response to what he considered to have been irregularities stemming from the party’s abandoned polls in late January.

Kaashidhoo incumbent Abdulla Jabir, meanwhile, retained his place on the party ticket after the MDP’s disciplinary committee found party regulations did not permit his removal, despite his repeated defiance of the whip.

The MDP’s talismanic leader, Mohamed Nasheed, this week told Minivan News he was confident in the transparency of the polls. Discussing the two years since his removal from the presidency, he noted that the current governing coalition would struggle to provide political stability.

Following the completion of its primary races, Nasheed revealed that his party’s legislative agenda for the 18th Majlis would include strengthening local government, reforming the judiciary, and eliminating barriers to development.

Nasheed’s doubts over the unity of the current coalition appeared well-founded this week as the religious Adhaalath Party announced it would be openly competing with the Jumhooree Party (JP) in five parliamentary constituencies, while talks with the Progressive Party of Maldives (PPM) continue.

The PPM’s selection of candidates for the poll continued, after party members in Maavah constituency, Laamu Atoll, demonstrated against the apparent award of the ticket to the current member without a primary.

After assigning 13 of its 49 places on the ticket without contests, the PPM is holding primary polls for an additional 27 seats today (Saturday 8), with the method of allocation for the remaining 9 yet to be decided.

Progressive coalition partner the JP meanwhile concluded selections for its 28 allocated constituencies, which includes eight incumbent MPs and new member Abdulla Riyaz – former commissioner of police.

One person who is unlikely to be standing in the March 22 polls is Dhivehi Rayyithunge Party MP Dr Abdulla Mausoom. As Minivan News’ series of interviews with MPs continued, Mausoom described the occupation as no longer “savvy”.

Legal interpretations

The Majlis continued to hold special sessions this week to help the government raise revenue to meet its 2014 budget commitments, including the reintroduction of tourist bed tax and the raising of T-GST in November. Changes to current import duties were also passed.

Following the Criminal Court’s continued recalcitrance after the Majlis’s failure to approve a new prosecutor general, the Chief Justice this week suggested that parliament take some time during the current emergency sessions to resolve the issue.

PPM MP Ahmed Mahloof also suggested that he would submit a motion to the house, calling for a public referendum on the death penalty to be held alongside the parliamentary elections.

Asked about the practice of female circumcision this week, Figh Academy Dr Mohamed Iyaz Abdul Latheef endorsed the practice, citing several hadiths which he felt made clear the obligatory nature of this procedure.

Elsewhere, local heritage group REVIVE announced it would be considering legal action after a centuries old mosque in Malé was demolished to make way for a modern replacement.

Finally, as crime figures in the country revealed a huge spike in cases of theft and robbery, a local drug lord appeared to have evaded punishment, leaving for Sri Lanka part-way through an 18 year sentence.

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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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PPM sets primaries in 27 constituencies for February 8

The ruling Progressive Party of the Maldives (PPM) has set primaries for 27 constituencies to determine candidates for the People’s Majlis elections.

Polls will proceed between 4:00pm and 11:00pm on Saturday (February 8). Party members are required to register to vote by 12:00am on Saturday.

The PPM has not yet publicised the list of eligible candidates. The party’s Secretary General Mohamed Zuhair said the list will be revealed this evening.

Parties in the ruling coalition allocated 49 seats to the PPM, 28 seats to the Jumhooree Party (JP) and nine seats to the Maldives Democratic Alliance (MDA).

Of the 49 seats, 13 candidates received the party ticket by default – including eight incumbent MPs.

Regarding the nine remaining constituencies, the party has not yet decided whether to hold a primary or award the party ticket to the nine incumbent MPs.

Local media has reported the PPM leadership to be split over the issue.

An estimated 150 candidates applied for the PPM ticket in 36 constituencies. The party said it will grade applicants on a six point criteria, and that only candidates receiving over 75 points would be allowed to compete.

The criteria includes the extent to which candidates have upheld the party ideology, the length and amount of service to the party, their experience in parliament, and participation in the presidential campaign. Candidates in unspecified special categories designated by the party will also receive extra points.

In the instance only one candidate in a constituency meets the 75 percent threshold, he or she will be awarded the party ticket, and if all applicants fail then a primary will be held among all candidates.

The procedure for selecting candidates have come under fire with supports in Laamu Atoll Kunahandhoo holding a protest over the allegations that the PPM may not hold a primary for the Maavah constituency.

Meanwhile, the JP has assigned candidates for all 28 seats without a primary. All eight incumbent MPs as well as former Commissioner of Police Abdulla Riyaz have received the party ticket.

The MDA held primaries last week for two of the nine constituencies reserved for the party. The party ticket was awarded to two incumbent MPs and a further two candidates won the ticket by default.

Although the Gaaf Dhaal Atoll Gahdhoo constituency was reserved for the MDA, the party will not be field a candidate in order to allow incumbent MP Zahir Adam to run as an independent.

Zahir at present belongs to the opposition Maldivian Democratic Party (MDP), but did not apply to contest in the MDP primaries. The Gahdhoo MP violated a three-line whip in December and has been suspended from the party until after the Majlis elections.

The religious conservative Adhaalath Party has also announced it will field five candidates in constituencies reserved for the JP.

The AP has condemned the coalition’s decision to exclude the party from the constituency allocation.

The deadline for submitting applications to the Elections Commission is February 11.

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