އިލެކްޝަން ކޮމިޝަނަރާއި 11 މެމްބަރުންގެ ކޮމެޓީއާއި ބައެއް މެމްބަރުންނަށް އާންމު ވޯޓްގެ މަސައްކަތް އޮޅިފައިވާކަމަށް އިންފޮމޭޝަން މިނިސްޓަރ ވިދާޅުވެއްޖެ
ރާއްޖޭގައި އޮންނަން ފެންނަ ވެރިކަމުގެ ނިޒާމާ ބެހޭ ވޯޓްގައި ވޯޓްލީއިރު އާއި ވޯޓަށް ފަހު ބައެއް ފަރާތްތަކަށް އެފަރާތްތަކުގެ މަސައްކަތްތައް އޮޅިފައިވާކަމަށް އިންފޮމޭޝަން މިނިސްޓަރ މުހައްމަދު ނަޝީދު ވިދާޅުވެއްޖެ އެވެ
އެމަނިކުފާނުގެ އަމިއްލަ ސައިޓްގައި މިބޭއްވުނު އާންމު ވޯޓާއި ބެހޭ ގޮތުން ބުނެފައިވަނީ ކޮމެޓީތަކުގެ މަސައްކަތުގައި ކޮމިޓީތަކަށް ނިސްބަތްނުވާ މެމްބަރުން މަސައްކަތް ކޮށްފައިވާ ކަމަށާއި އެހެންކަމުން ބައެއް ކޮމިޓީތަކާއި ކޮމިޝަނަރ އޮފް އިލެކްޝަނުގެ އިތުރަށް އާންމު މެމްބަރުންގެ މަސައްކަތްތައް އޮޅިފައިވާ ކަމަށެވެ
” އަޅުގަނޑަށް މައުލޫމާތު ލިބިފައިވާގޮތުން ކޮމިޓީތަކުގެ މަސައްކަތުގައި ބައެއް އާންމު މެމްބަރުންވެސް ބައިވެރިވެފައިވޭ, އެހެންކަމުން މިއިންތިހާބުގެ ކަންތައްތައް ބެލެހެއްޓި ކޮމިޝަނަރ އޮފް އިލެކްޝަނާއި ކޮމިޓީތަކާއި އަދި އާންމު މެމްބަރުންގެ މަސައްކަތްތަކާއި މެދު ސުވާލު އުފެދޭ“ މިނިސްޓަރ ނަޝީދުގެ ސައިޓްގައި މިއަދު ވިދާޅުވެފައި ވެއެވެ
އާންމު އިންތިހާބު ނިމުމާ ގުޅިގެން މިހާރު ވަނީ އެތައް ސުވާލެއް އުފެދި މައްސަލަތަކެއް ފެންމަތިވެފަ އެވެ. އޭގެ ސަބަބުން އާންމު އިންތިހާބުގެ ކަންތައްތައް ބެލެހެއްޓި 11 މެމްބަރުންގެ ކޮމިޓީވެސް މިހާރުވަނީ ހިޔާލު ތަފާތުވެ އިންތިހާބުގެ ސައްހަ ކަމާމެދު ގޮތެއް ނިންމުމަށް އުނދަގޫވެފަ އެވެ. ނަމަވެސް ހިއުމަން ރައިޓްސް ކޮމިޝަނުން އިއްޔެ ބުނެފައިވަނީ މި އިންތިހާބުގައި އިދާރީ މައްސަލަތަކެއް ހުރިނަމަވެސް އިންތިހާބުގެ ނަތީޖާ ސައްހަ ކަމަށެވެ
އޭގާރަ މެމްބަރުންގެ ކޮމިޓީގައި އެންމެ ފުރަތަމަ ހިޔާލުތަފާތުވެފައިވަނީ އެ ކޮމިޓީގެ މެމްބަރުންނަށް ކޮމިޝަނަރ އޮފް އިލެކްޝަން ކދ.އަހުމަދު މަނިކު ވޯޓް އެޅި މީހުންގެ ލިސްޓް ނުދިނުދެއްވުމާ ގުޅިގެންނެވެ. މިއިންތިހާބު ނިމުމާ ގުޅިގެން ރާއްޖޭގައި ހަރަކާތްތެރިވާ ދެޕާޓީންވެސް ވަނީ 11 މެމްބަރުންގެ ކޮމެޓީއަށް ގިނަ މައްސަލަތަކެއް ހުށަހަޅާފަ އެވެ. އެގޮތުން އެމްޑީޕީން 148 މައްސަލަ ހުށަހެޅިއިރު ޑީއާރޕީއިންވަނީ 127 މައްސަލަ އެއް ހުށަހަޅަފައި ވެއެވެ. ޕާޓީތަކުން ބުނީ ހުށަހަޅާފައިވާ މައްސަލަތަކުގެ ތެރޭގައި އިތުރަށް ވޯޓް ފޮށިތަކަށް ވޯޓް އެޅި މައްސަލައާއި ފައިސާދީގެން ވޯޓް އެޅި މައްސަލައާއި ބާރާއި ނުޒޫފު ބޭނުންކޮށްގެން ވޯޓް އެޅުވި މައްސަލަތަކެއްވެސް ހުށަހެޅިފައިވާނެ ކަމަށެވެ
މި ވޯޓްގައި ވިލިމާލޭގައި ދިރިއުޅެ ރައްޔިތުން ވަނީ ދުނިޔޭގެ ފެންވަރުގެ ރިކޯޑެއްވެސް ގާއިމް ކޮށްފަ އެވެ. އެގޮތުން ވިލިމާލޭގެ ފޮށްޓަށް 16 ގަޑިއިރުގެ ތެރޭގައި 1734 ވޯޓް ލައިގެން މިނެޓަކު ދެވޯޓަށްވުރެ ގިނަ ވޯޓް އެވްރެޖްކޮށްލާފައިވާ ފުރަތަމަ ފޮށީގެ ރެކޯޑް އެފޮށިން ވަނީ ގާއިމް ކޮށްފަ އެވެ
Referendum Results in Pause Mode
I have been following the media reports regarding the referendum results. I understand that the Elections Commissioner is having a tough time wrapping up the process: my sincere sympathies. He has declared the provisional results of all 427 ballot boxes. Those provisional results the Commissioner announced have been approved by the Committee of Eleven and gone through the process and persons outlined in the Referendum Rules. Where the committee found issues, the Commissioner had ordered a second round of polling for two areas in Hithadoo, Addu. Provisional results of those two areas too have now been announced. The wait is now for the final results of the Referendum.
I hear that there have been angry exchanges of opinion amongst various quarters of the Committee of Eleven. I also hear that some had staged loud walkouts. I also hear that the Committee of Eleven is segmented into three different views about the manner in which final results of the referendum shall be announced by the Elections Commissioner. I also hear that some non-committee members also have been having an equally weighty participation in those committee deliberations.
These developments raise questions about the true role of each of the key players in this referendum: the Commissioner of Elections; Committee of Eleven; the non committee members; and the political parties.
Mandate of the Committee of Eleven?
The Committee of Eleven was created by the Special Majlis on 1 October 2006 with a very specific mandate. Being a creature of the Special Majlis, the 11 member committee was given a clear cut mandate. The mandate too was decided by the Special Majlis. A committee which is a creature of the Majlis cannot go beyond the terms of reference assigned to it. Here is a quick look at the mandate:
1. Prepare a detailed document outlining the manner in which the referendum shall be held; and get it approved by the Special Majlis.
2. Compile information explaining presidential and parliamentary systems to the public; and proceed with the dissemination of that information.
3. Examine and monitor the manner in which polling is conducted by the government.
4. Submit a report to the Special Majlis explaining the manner in which the referendum was held; and table the report within 14 days from the date the referendum results are announced.
Pursuant to the four point mandate, the Committee of Eleven created a document that outlined the processes to be followed in holding the referendum. There were certain things that the Committee of Eleven had to do. There were certain things that the Commissioner of Elections had to. There needed the link between the Committee of the Eleven and the Elections Chief. The President asked the Commissioner to hold the referendum as may be advised by the Special Majlis.
The advice of the Committee of Eleven on how the Commissioner should hold the referendum and conduct matters relating to the referendum were embodied in rules on the referendum to decide the form of government as approved by the Committee of Eleven and adopted in whole by the Special Majlis.
Advice and Monitoring Functions
Although the Committee of Eleven was assigned a monitoring function by the mandate assigned to it, the rules on referendum as passed by the Special Majlis provided an additional advisory function as well. Under that function, the Commissioner was to conduct all matters relating to the referendum on the advice of the Committee of Eleven.
The referendum was held. The polling was conducted. The vote was counted. The provisional results were announced. Two ballot boxes in two areas were found troubling. Re-polling was conducted. Their provisional results were announced.
Announcing Results
In order to announce provisional results there is a procedure to follow in the Referendum Rules: Committee of Eleven must check results; the result sheet must be cleared by the Commissioner of Elections, Data Entry Coordinator and Data Processing Coordinator. All these processes were held in announcing provisional results. Those provisional results were announced by noon of Monday, 20 August 2007.
Breaches
All acts constituting offences and breaches outlined in the Rules and all complaints are allowed to be filed with the Civil Court within 30 days of conducting the polling. The Committee of Eleven must submit a report to the Special Majlis within 14 days of announcing the results.
After provisional results
With the announcement of provisional results last Sunday, there is no further significant act that needs to be performed by the Commissioner of Elections except announce the final results of the referendum.
However, the matter is still on hold because the Committee of Eleven is divided into several parts. A part of the committee feels there has to be a further recheck conducted at random. Another part feels the Commissioner need not seek the advice of the committee now because the rules do not require that to be done as between the announcement of provisional and final results. Another part feels that the committee has already checked the results and given the clearance to announce the provisional results and no further checking is actually required. And the list goes on, I am told. The committee is so divided that a meeting of the committee is also almost impossible now.
A Petition
As I write this sentence, I am told that a meeting of the Special Majlis will be held this week to debate and decide on a petition filed by 25 or so members against the Committee of Eleven alleging it did not or could not perform its mandate under the Referendum Rules. Interesting! Committee members are saying that against other committee members. Or non committee members are making those allegations without first waiting to see the report of the committee. Very interesting indeed.
Issues and the Committee
The mandate of the Committee of Eleven is clear from the resolution of the Special Majlis that created the committee and the Referendum Rules. It does not have a function beyond that. To suggest that the Commissioner has to work under the Committee of Eleven; the Committee can give any advice any time and the Commissioner has to follow that; Committee can dive into voting lists and count boxes and make havoc in the counting booths in front of the 400 staff there; yell at the Commissioner ; issue instructions as it may deem necessary; order recounts or re-polling; hold the announcement of official and final results; ask the Commissioner to do random checks before the announcement of official results; demand to have copies of voting lists; issue intermediate directives - are way beyond the mandate created for it by the Special Majlis.
If there are issues that the Committee of Eleven had found they need to include the same in the report, which report they the committee have to file with the Special Majlis within 14 days of announcing the results. It shall be the Special Majlis that shall debate on the issues found in the report and decide on the validity or appropriateness of the conduct of the Commissioner and the referendum itself.
If anyone has come across electoral irregularities in the conduct of the elections, or has electoral complaints, he shall file the matter with the civil court within 30 days of the referendum. This too is provided in the rules on the referendum. There is no remedy that the Committee of Eleven could give to such complainants.
Role of the Commissioner
The Commissioner is an agent of the Special Majlis for the purposes of this referendum. True. What he needs to do for the purposes of the Special Majlis and the Committee of Eleven and the referendum are all provided for in the rules on referendum to decide the system of government adopted by the Special Majlis and passed on to the Commissioner . This means that the Commissioner is safe so long as he acts within the Referendum Rules.
Role of Political Parties
There is no special role given to any political party in this referendum. If they have issues, they too should file the mater with the civil court just like any other citizen or complainant. They cannot through members of the Special Majlis petition the Majlis to debate the matter and rule on the validity of the referendum or seek interim orders. I know there was an attempt by 27 members to petition the Majlis with various complaints.
Role of the Special Majlis
Special Majlis is not meant to look at electoral fraud, electoral complaints or electoral irregularities. It is the jurisdiction of the civil court. The only authority that the Special Majlis have now is to listen to the mandatory report of the Committee of Eleven and decide if the referendum is held within the rules as laid out by the Special Majlis or not. At the end of the day, it will be a political decision and not a legal or judicial decision.
Report: Velidhoo Community
Courtesy: http://mnasheed.com
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