The Nationalist Party will be joining the suit in which the Labour Party is challenging the additional two Parliamentary seats the PN was granted by the Electoral Commission on the strength of a constitutional mechanism.
The decision was taken by the Constitutional Court this afternoon following a lengthy deliberation in chambers.
After the June 3 elections, wherein the Labour Party won 37 seats in Parliament against the PN's 28 seats, the Electoral Commission put into effect a constitutional proviso and granted the PN two additional seats in line with the proportionality system.
However, last Saturday the Labour Party, represented by Daniel Micallef, filed an application before the Constitutional Court opposing this decision arguing that the proportionality mechanism could not enter into effect once there was a third party in Parliament.
During today's first hearing, the court, presided over by Mr Chief Justice Silvio Camilleri, and Mr Justices Giannino Caruana Demajo and Noel Cuschieri observed that the Electoral Commission had filed a reply requesting certain interested parties to be joined into the suit. A request in similar vein was filed yesterday by the PN as well as by Carm Mifsud Bonnici and Frederick Azzopardi, the two MPs who won the additional seats.
However, Pawlu Lia, appearing for the PL, countered that the PN had no juridical interest in the proceedings since the case concerned only the Electoral Commission. If the PN were to join the suit, then so was the Democratic Party (PD). "It is only fitting that the PD be also included in these proceedings,” Dr Lia argued. The absence of the PD in these proceedings, once the PN had been admitted to the suit, would effectively prejudice the entire case, the court was told.
Lawyer Paul Borg Olivier, appearing for the PN, rebutted that the party did have a juridical interest. Moreover, in the case of Mr Azzopardi, the situation was more urgent since he could possibly contest the by-elections and if so, he would have to submit his nomination by this weekend. The outcome of these proceedings would doubtlessly have a bearing upon the PN.
On the contrary, the PD would not be affected by the outcome. “At no point will there be an impact on the PD... whether the court accepts or denies the applicant's request” Dr Borg Olivier continued.
Ian Refalo, appearing for the Electoral Commission, observed that the PL's request was premature, as it dealt with the merits of the case. He insisted that juridical interest had to be proven before anything else. The question of the PD involvement was, to an extent, part of the central argument of the PL's case, he stated. “This juridical interest must emerge from evidence.”
After adjourning the sitting, the court retired in chambers and returned later in the afternoon to declare that it upheld the PN's request to be joined in the suit. In view of the urgency cited by the parties, as well as in the national interest, it would have to decide upon the addition of the PD to the proceedings before hearing evidence.
The case continues on Thursday.
Prof. Refalo appeared for the Electoral Commission, Dr Lia for the PL and Dr Borg Olivier and Karol Aquilina for the PN.