Legal Politics

Supreme Court orders EC to accept VB Hassan’s candidacy form

Supreme Court, this Wednesday, ordered Elections Commission (EC) to accept the candidacy application filed by Managing Director of VB Brothers, Hassan Shiyam (VB Hassan) – for the upcoming parliamentary elections – whose application the commission had rejected citing a court determined existence of an unpaid debt.

EC had rejected Hassan’s candidacy application citing his negligence to make regular payments to repay a debt declared against him by a court of law.

Hassan, following the decision of EC, had filed a case with the Supreme Court.

He was represented by former Maldivian Vice President Dr Mohamed Jameel Ahmed – who is Hassan’s brother-in-law.

The Supreme Court ruled in Hassan’s favour. It said the EC had based its decision on incomplete information.

The court also noted in its ruling that all of Hassan court cases for debt had been filed for appeal at higher courts.

DISQUALIFIERS FROM NATIONAL ELECTIONS:

  • A person who has a court determined debt cannot contest in a national election if he/she fails to make regular payments to repay the debt as directed by the court
  • A person convicted of a criminal offence cannot contest in a national election if he/she is serving a sentence of 12 months or longer
  • A person convicted of a criminal offence and sentenced to 12 months or longer cannot contest in a national election before three years from completion of execution of the sentence or before three years from of a pardon or commute of sentence
  • A person who is a judge at a court of law is not eligible to contest in a national election

The Supreme Court also recently annulled Article 10 of the Political Parties Act – which disqualified candidates defeated in internal elections by political parties from contesting in national elections – citing conflict with the constitutional right of citizens to contest in elections. And ordered EC to re-open application – which closed on February 21 – and keep it open until March 4 to allow candidates defeated in primaries to contest in the parliamentary elections if they wished.

Full details are available at the link below:

Source URL: Sun.mv

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