Supreme Court Clears Way for Referendum Amid Constitutional Challenge

The Supreme Court has ruled that the upcoming referendum on presidential and parliamentary elections in the Maldives cannot be halted.

The vote, scheduled to coincide with local council elections on Saturday, seeks public approval for a constitutional amendment that would allow presidential and parliamentary elections to be held on the same day.

The case was brought by lawyers Aik Ahmed Easa and Ibrahim Shiyam, who argued that the question posed in the referendum was unconstitutional.

Delivering the judgment, Chief Justice Abdul Ghanee Mohamed said there was no provision in the Constitution or existing laws specifying how questions should be framed on a ballot. The five-judge bench concluded that the referendum question could not be deemed unconstitutional, and therefore the vote must proceed.

The bench hearing the case comprised Chief Justice Abdul Ghanee Mohamed, Justice Ali Rasheed Hussain, Justice Dr Mohamed Ibrahim, Justice Abdullah Hameed, and Justice Hussain Shaheedh.

The ruling follows earlier attempts by the Maldivian Democratic Party (MDP) to stop the vote through the Civil Court and High Court, which were not accepted.

A separate petition has been submitted to the High Court by lawyer Mariyam Shunana, alleging that the Elections Commission of Maldives (ECM) failed to adequately explain the purpose of the referendum. The petition claims that the government and election authorities have violated legal procedures intended to ensure a fair and independent vote and that the question should instead be addressed under Article 262 of the Constitution.

During Supreme Court proceedings, prosecutors argued that there was no legal basis to block the referendum.