MALE’ — The Maldivian Democratic Party has decided to challenge in court the Local Government Authority’s decision to declare the Vaavu Thinadhoo Island Council presidency vacant, MDP Chairperson Mohamed Nasheed said on Sunday.
Nasheed told reporters that Shujau Ali was removed unlawfully and that the matter represents a serious concern for the party. He said that while the LGA cited a provision of the Decentralisation Act as the basis for the decision, that provision does not in fact allow for removal in these circumstances.
“The party has decided to go to court on this matter and our lawyers are working on it,” Nasheed said.
Shujau won the Thinadhoo council presidency on a ticket from The Democrats. When The Democrats was dissolved by the Elections Commission in June for failing to maintain the legally required 3,000 members, Shujau joined the MDP. The LGA suspended him from his duties about a month ago pending a board decision, and last week formally declared his seat vacant. Interim management of the council has since been handed to the deputy council president.
The case has exposed a gap in the Maldives’ legal framework around what happens to an elected official when the party they represented ceases to exist rather than when they voluntarily switch allegiance. Those are different situations, and the law has not distinguished between them clearly. Whether the courts will draw that distinction is now the central question.