High Court to begin hearings in limitation of candidacy in LCE

Hearings in the case to reopen for candidacy in the upcoming local council elections will commence in the High Court today. 

A special law passed for the election states that only candidates that applied to take part in the election by March 6, 2020, and are on the list of candidates announced by the Election Commission, despite the postponement of the election can take part in the election. The council elections originally to be held on April 4, 2020, were postponed due to COVID-19 under a special law. 

Lawyer and member of Jumhooree Party Mohamed Thasleem submitted the case to the High Court stating that the article stating that candidacy for the election was exclusive to only candidates already contesting for the election by the stipulated date went against the principles of the constitution stating the empowerment of the citizens, and the democratic state and constitutional principles, Chapter 2 of the constitution stipulating that anyone above the age of 18 are free to take part in an election, as well as the participation of political activity through political parties. The article in the special law is also regarded as violating the right to take part in the appointment of a representative or oneself in the public administration, fundamental rights, and articles stating against discrimination. Thasleem’s case requests the High Court to nullify the article of the special law limiting candidacy in the election.  

Hearings of the case will commence today. The case is based around the fact that around 5,000 citizens will turn 18 during the timeframe in which the election is postponed, and that these citizens would not be in capacity to take part in the election under the special sunset law whereby the election is postponed for a significantly long period of time. This would lead to discrimination against these citizens and violation of rights granted under the constitution. 

High Court Senior Judge Hathif Hilmy, Judge Shuaib Hussain Zakariyya, Judge Hassan Shafeeu, Judge Hussain Mazeed, and Judge Fathimath Faruheeza will be hearing the case. 

Even though no new candidates are permitted to take part in the election, candidates already contesting in the election are permitted to withdraw their names. There are around 2,300 candidates contesting for the election. More than 100 have so far withdrawn their names during the time the election was postponed. 

Work is currently underway to pass yet another special law to advance the election as the Elections Commission attempts to hold the election on April 4, 2021.