MDP to contest ‘unlawful’ ouster of V. Thinadhoo Council president at court

Mohamed Nasheed, the chairperson of the Maldivian Democratic Party (MDP) and former Maldivian president, says that the main opposition party plans to file a court case contesting the decision by Local Government Authority (LGA) to vacate the seat of V. Thinadhoo Council president Shujau Ali.

Shujau, who got elected on a Democrats’ ticket, and took office on May 17.

The Democrats was dissolved by the Elections Commission on June 2. According to the LGA, EC’s records show Shujau joined the MDP on May 19.

LGA placed Shujau under suspension on June 5. The authority declared the loss of Shujau’s seat on Thursday, citing floor crossing provisions.

At a press briefing on Sunday afternoon, Nasheed called the decision “unlawful”, and said the MDP finds the development deeply concerning.

Nasheed told reporters that the MDP does not believe the provisions in the Decentralization Act cited by the LGA can be applied in Shujau’s case.

He said that the party’s legal team is preparing to file a court case challenging the decision.

The Decentralization Act states that councilors will lose their seat if they tender their resignation, or under the following three circumstances:

• If a councilor who gets elected on a party ticket voluntarily leaves the party during their term, and the move gets registered by the EC
• If a councilor who gets elected on a party ticket becomes a member of a different party during their term, and the move gets registered with the EC
• If an independent councilor joins a party during their term, and the move gets registered with the EC.

The LGA has stated that under the existing legal framework, any councilor elected on a political party's ticket who defects to another party and is registered as a member of that party in the EC registry during their term automatically loses their seat.

But Shujau states that the provisions do not cover his specific situation.

Shujau has accused the LGA of failing to properly examine the law or follow proper procedure before making its decision.

He has also vowed to reclaim his seat in the EC were to hold a byelection.

The Democrats’, founded by Nasheed on July 11, 2023, was dissolved by the EC in June for failing to meet the minimum membership requirement of 3,000. Nasheed, along with many of his allies, had left the Democrats and rejoined the MDP last year.