The Civil Court yesterday heard submissions by counsel to Arnold Cassola and the electoral commission after the Labour Party and its general secretary, Jimmy Magro, not only failed to file a reply to the constitutional application but did not turn up for the sitting.

Mr Justice Tonio Mallia authorised Dr Tonio Azzopardi, for Cassola, and Prof. Ian Refalo, for the electoral commission, to make submissions before putting the case off to March 21 for judgment.

Cassola, who is being represented in his absence by Alternattiva Demokratika chairman Dr Harry Vassallo, is claiming a breach of his fundamental human rights with the MLP's attempt to have him struck off the electoral register.

In his constitutional application, Cassola declared that he was a Maltese citizen and a prospective candidate on behalf of Alternattiva Demokratika in the next general election.

He was also the general secretary of the European Federation of Green Parties and had been involved in politics for over 13 years.

As spokesman for AD on European Affairs, and as general secretary of the EFGP, he had to travel frequently to perform his official duties.

This travel was for the purpose of exercising his rights to freedom of expression and freedom of association, including the right to pertain to a political party.

Cassola declared that Magro had filed an application requesting the Magistrates' Court to delete his name from the electoral register.

The Magistrates' Court had started hearing the case which was due to continue being heard yesterday.

Cassola argued that Magro's application was in violation of the constitution for it was tantamount to a violation of his fundamental human rights as protected by the Constitution and the European convention on human rights.

The convention was part of local law, and it provided that the right to vote was a fundamental human right.

Cassola submitted that the application filed by the MLP was aimed at denying him the right to express his political views freely through his vote, and was therefore a violation of the European convention and the Constitution.

Furthermore, the application was aimed at rendering Cassola ineligible to contest the general election.

Cassola further submitted that the actions of Magro and the MLP were in violation of his right to freedom of association and his right to privacy as his movements were being monitored.

This constituted interference in Cassola's private life in violation of both the Constitution and the European convention on human rights.

He also claimed discrimination because people serving overseas in a disciplined corps were not deprived of their right to vote. Neither were people representing the government overseas.

But he, who was serving overseas without a uniform and who formed part of a political force which was not in government, was being declared ineligible to vote because of his political beliefs.

This was contrary to the provisions of both the Constitution and the European convention on human rights.

Cassola added that the MLP was advertising cheap flights to Malta for the purposes of voting in the referendum and general election on its website. This advert was carried even though the MLP was requesting Cassola's removal from the electoral register.

Were the MLP's application to be upheld, then Cassola would sustain a number of violations to his fundamental human rights.

The laws had never intended that persons such as Cassola, who were ordinarily resident in Malta but who spent long periods of time overseas, would lose their right to vote.

The court was requested to issue all such directives as were necessary to safeguard Cassola's fundamental human rights.

Mr Justice Mallia yesterday heard Prof. Refalo confirm the submissions made by the commission in its reply filed before the court.

He said the commission had remained neutral on the issue of whether Cassola was to be struck off the electoral register.

The commission had, in fact, not cancelled Cassola's registration to date and had consigned his voting document to him.

Prof. Refalo said the commission would observe the provisions of a court judgment on this issue.