Will the real PPM please stand up?

The clash of the Gayooms has undoubtedly ripped ruling Progressive Party of the Maldives asunder. Party has ceased to function with members and senior Party officials taking up camp with either the Maumoon or Yameen faction. The half brothers are not likely to put down arms, as evident in the Council meeting held, with President Yameen chairing the session. The Parliamentary Group did extend an invitation for a meet to air out the issues. An invitation that was accepted only by President Yameen. The PG had failed to resolve the situation.

Former President Maumoon also held a Council meeting as well. The meeting was just only able to amass the mandated 11 members for the quorum. The Yameen faction responded with yesterday's Council meeting. Maumoon appointed a Secretary General; the Yameen faction also appointed a Secretary General.

Both sides use the Party bylaws as justification for their actions, sticking and subverting different clauses of the laws to bolster their side. The Party and Party members are caught in the melee unsure of their allegiance or how to move forward.

Two Council meetings?

After a long spell without any Council meetings of the Party, two meetings were held in one day. Two factions held the two meetings, with both sides claiming the other meeting was illegal and breaches the Party laws.

President Maumoon's meeting was held at the time when Civil Court had ordered the Party to function as commanded in their ruling. Maumoon had refuted the Civil Court ruling and had announced the he will seek for an appeal. Holding a Council meeting in defiance of the ruling is not an acceptable course of action for the former President.

The sentenced issued by the court says that to achieve the party's objectives, there must be a special discussion committee to advice the president of the party outside of the party's council. And that the 39th article of PPMs constitution states that any such committee must have the approval of the council. And that any committee assembled by the president of the party without the councils approval is not a legitimate committee.

The Party laws clearly dictate that the President can only appoint members to the vacant Council spots with the advise of Council. Therefore, any appointments must be vetted by the Council in an official meeting of the Council.

However, the meeting held last Saturday, which saw the appointment of Umar Naseer and Ahmed Sofwan, was not vetted by the whole Council. The Maumoon Council's quorum was met with the inclusion of Umar Naseer and Ahmed Sofwan in the attendance. The two had also voted to appoint themselves to the Council.

The 11 member quorum was met with the inclusion of Faris Maumoon and Aminath Nadira, two members whose Party membership is in debate. Faris's name had been deducted from the Party members list. Even though President Maumoon had bestowed membership status on Faris, the same status has not be accorded by Elections Commission. The Party had voted to boot him from the Party ranks after reviewing his case in the Ethics Committee. Nadira faces the same issue.

Therefore, the legality of that Council meeting is really in doubt.

The Party's Advisor, President Yameen, also held a Council meeting. However, the Party laws clearly states that any meeting must be held with the Party Leader present in attendance, as written in clause 28 (c). While the Civil Court ruling favors this meeting, the Party laws do not.

The Court ruling also does not strip Maumoon of his leadership position in PPM.

The grounds for removing an incumbent leader are clearly set in the Party laws, in clause 55. The grounds are end of tenure, guilty verdict on criminal charges, a vote of no confidence and a permanent state of incapacitation. The sentence also said that the president of PPM failed to obey the Civil Court.

In spite of the terms in the Party laws, the Civil Court had decreed the Party to be managed by the Party Leader. The ruling is yet to be nullified in an appeals Court. Until then, the ruling will be in effect and following it is a must for any citizen of the country.

President Maumoon had refused to accept the ruling, announcing his intention to appeal the verdict. Until the appeal gets accepted and reviewed in High Court, it will stand. He has the right to appeal for a temporary injunction to halt the implementation but it is yet to be carried out.

Can the advisor rule the Party?

Yesterday's ruling clearly said the Party's President Maumoon was unable to the Party as in the Party laws and was acting outside the policies set by the council.

Though the verdict had handed over the Party reins to the Advisor, President Yameen, Party laws clearly state that the Advisor has no active role in Party leadership. As per the Party laws, the Advisor's mandate is to advise the Party Leader and leadership in running the Party.

Umar's appointment, Abdhu Raheem's removal?

Party's Deputy Leader Abdhu Raheem is not an elected figure. He was appointed by the Council, as one of the three members selected by the President. He was endorsed by Maumoon and vetted by the Council for the Deputy Leader role when the slot became vacant. His appointment was by the book.

However, the Party laws fail to note the procedures to remove a sitting Council member from the position. In this situation, how will this shape up?

In the absence of such laws, the Party laws state the issues must be resolved by the Council. Therefore, in the absence of any meeting and/ or decision on the matter, an appointment or dismissal cannot be undertaken.

PPM Council is comprised of Party Leader, Advisor, PG Leaders, three Deputy Leaders, 10 MPs, four female members elected by the National Assembly, additional 10 members and representatives from Youth, Women, Scholar's chapters as well as Committees.

Umar was appointed to the Council in the meeting overseen by President Maumoon without discussion of the Council, with a Civil Court verdict overhanging the Party. The legality of the meeting is in question.

Who is the real SG?

The Party now effectively has two Secretary Generals. Abdul Aleem, selected by Maumoon, and Nilandhoo Constituency MP Abdullah Khaleel, selected in the President Yameen led Council meeting.

Clause 66 (b) of the Party laws clearly state that an elected official of the Party cannot hold an administrative position. President Yameen's faction had addressed this issue in an overly simplistic manner, stating that MPs were not elected Party officials.

Aleem's appointment is also dubious given the questions surrounding the legality of the Council meeting.

Can PPM be pieced back?

The plea of general members of the Party is to resolve the issue. Both factions at least agree that a General Assembly is key in resolving the issue.

"A general assembly must be held to resolve the issues in PPM. We're confident that we can come to a consensus in the meeting. We'll extend the invitation for it soon," one PPM PG member said.

When President Maumoon had hijacked the Party, the Yameen faction had called for a general assembly at the soonest, having recognized the importance of it in appointing individuals to vacant positions.

With President Yameen now overseeing the Party, it is expected that a meeting will be held as previously called for by the Council. Last night's Council meeting also agreed that the Party will now function under President Yameen's administration. The Council had granted that right as well.

Given the current situation, it appears that President Yameen's faction is a bit more legal. As said before, until an appeal is filed, reviewed and accepted, President Yameen has the full authority to manage the Party.

The clash of the Gayoom's is hardly a good thing either for the Party or the public. In the face of a critical time for the nation, national and the Government's attention is diverted towards a public spectacle and debate on who has more political bang for his political buck. Nevertheless, it is undeniable that the issues must be resolved.