Updated 3.05pm with PN reaction

The Labour Party has presented a constitutional case to contest the Electoral Commission over its decision to grant the Nationalist Party two extra seats in parliament.

The party said that extra seats are allocated according to a constitutional clause which is based on there being only two parties elected but that Marlene Farrugia was elected on behalf of the Partit Demokratiku on the 10th district.

A mechanism was added to the constitution in 2007, to ensure strict proportionality between votes obtained and seats in Parliament. Extra seats are awarded to the parties that have elected MPs, but this may not always be the case.

The application, instigated by the Labour Party president and executive secretary, is asking the court to decide whether the provision in the law should have been applied to give extra seats to the Nationalist Party, despite the fact that there is now a third party in parliament. 

PD candidates decided to stand under the PN list on the voting documents, though each was identified as pertaining to the 'Orange' party.

In reaction, the Nationalist Party accused the PL of disrespecting the electorate's decision, despite the opinion given by the Electoral Commission. 

Labour simply resorted to the constitutional court to ensure the gap between the parties does not reflect the vote disparity.

"The PN obtained 135,696 votes and each one should be represented in parliament with a seven-seat majority. But the PL does not want to respect this decision and has ended up attacking this same result," it said in a statement.