Supreme Court Overturns ECM Decision to Disqualify Thulusdhoo Council Candidate

The Supreme Court of Maldives on Thursday quashed a decision by the Elections Commission of Maldives (ECM) to disqualify an independent candidate contesting a seat on the Thulusdhoo Council, ruling that the decision was not grounded in law.

The Court delivered judgments on two electoral petitions related to the upcoming local council elections. One was filed by Abdul Majeed, who sought to run as an independent candidate for the presidency of the Kaafu Guraidhoo Council. The second was submitted by Fathimath Suzan, an independent candidate for the female member seat on the Thulusdhoo Council.

In Suzan’s case, the Supreme Court found that the ECM’s decision to reject her candidacy lacked a valid legal foundation. The Commission had disqualified her over an alleged outstanding debt, citing a previous order by the Thulusdhoo Court requiring settlement.

However, the judgment noted that no record of the debt existed at the Ministry of Finance, which is responsible for maintaining such records and initiating enforcement proceedings to recover unpaid amounts. The Court held that the absence of any record or enforcement action could not be used to assume that the debt remained unsettled.

As a result, the Supreme Court ruled that Suzan is legally qualified to contest the election and ordered that her candidacy be accepted.

In contrast, the Court declined to hear Abdul Majeed’s petition. His application had been rejected by the ECM due to incomplete information. The Supreme Court ruled that it did not have jurisdiction in the matter, stating that its authority is limited to reviewing ECM decisions concerning a candidate’s legal eligibility or qualifications, rather than administrative shortcomings in an application.