Hearings over legitimacy of Yauqoob’s parliamentary seat to begin on Thursday

Supreme Court is scheduled to begin hearings in response to a petition filed with the court, challenging the legitimacy of Dhaandhoo MP Yauqoob Abdulla’s parliamentary seat, later this week.

The petition was filed with the Supreme Court in September by former Civil Court judge Mohamed Haleem.

Haleem told Sun on Sunday that the Supreme Court has summoned him for a hearing in the case at 09:00 am on Thursday, October 15.

Questions over the legitimacy of Yauqoob’s parliamentary seat arose after he accepted an appointment to the council of the Institute of Chartered Accountants of the Maldives (ICAM), despite a provision on the Maldivian Constitution which prohibits parliamentarians from holding any other office of the state.

He announced his resigned from ICAM shortly after he came under fire for the decision.

Haleem has asked the Supreme Court to declare Yauqoob lost his parliamentary seat, citing violation of Article 73 of the Maldivian Constitution.

Article 73 of the Maldivian Constitution declares the qualifications of parliamentarians, and Article 73 (d) declares offices parliamentarians are prohibited from holding.

Article 73 (d) Unless otherwise specifically provided in the Constitution, a member of the People’s Majlis shall not continue to hold office in:

1. The cabinet of ministers;
2.  The office of state minister, deputy minister, or other state office of an equivalent level;
3. An independent commission or an independent office;
4. The civil service;
5. A corporation wholly or partly owned or managed by the government;
6. The armed forces;
7. The police;
8. Any other office of the state except an office held by virtue of being a member of the People’s Majlis.

Meanwhile, Article 8 of the Maldivian Constitution establishes the supremacy of the Constitution, declaring that the powers of the state shall be exercised in accordance with the Constitution.