Former Prime Minister, Mahendra Chaudhry’s case against the State regarding his application that he is eligible to contest this year’s general election was called in the Suva High Court this morning.
The state through Solicitor General, Sharvada Sharma has filed a strike out application and the hearing on the matter will take place on the 9th of next month.
Sharma also confirmed to the court that Chaudhry has paid the costs as was directed earlier by Justice Kamal Kumar.
Sharvada Sharma stated that he is ready to go ahead with the hearing today however, Chaudhry’s lawyer, Anand Singh was not ready and asked for a short adjournment.
Both parties have been given time until next Wednesday to file written submissions.
Sharma highlighted in court today that there is no election at this stage as no writ has been issued and Chaudhry’s application is defective and should be struck out.
He told the court that the Electoral Commission, and the Supervisor of Elections have to declare who is eligible to contest the election and their decision is final and cannot be challenged, thus this application cannot proceed.
Chaudhry’s lawyer, Anand Singh says they are relying on section 100 (4) of the constitution.
This section states the High Court also has original jurisdiction in any matter arising under the constitution or involving its interpretation.
Singh says this section gives the High Court unlimited jurisdiction to make rulings in cases like this.
Chaudhry's lawyer had earlier said his client was charged before the constitution came into force.
According to the constitution a person may be a candidate for election to parliament only if the person has not, at any time during the 8 years immediately before being nominated, being convicted of any offence under any law for which the maximum penalty is a term of imprisonment of 12 months or more.
Sharvada Sharma had said at the time that the court does not have the jurisdiction to hear this matter.
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