THE Electoral Commission (EC) has ruled that a raid on its office, the seizure of files, and the “upheavals in the commission” left a legal challenge in the de-registration of the FijiFirst party in limbo for months.
Former FijiFirst MP Alvick Maharaj had lodged an appeal on July 12, 2024, challenging the Registrar of Political Parties’ decision to deregister the FijiFirst party on July 1.
What should have been a straightforward legal process instead became mired in unprecedented administrative chaos.
The Electoral Commission states in its ruling that this was due to the “upheavals in the commission” and also due to “we lost the chairperson as well as our files that were seized via executed search warrants”.
On January 27, 2025, after months of waiting, Mr Maharaj formally requested to withdraw his challenge, arguing the case had lost practical significance due to “intervening political developments”.
Related to the withdrawal, Mr Maharaj’s legal counsel, Krishna & Co sought $25,000 in indemnity costs from Mr Maharaj, claiming the appeal was frivolous.
Mr Maharaj vigorously contested this, arguing that the Electoral Commission had engaged in “procedural obstruction and delay” that led to him abandoning his appeal and that he should not pay the legal fee.
The Electoral Commission has sided with Mr Maharaj’s position, ruling that each party should bear their own costs rather than penalising Mr Maharaj for systemic failures beyond his control.
The commission acknowledged that no substantive hearing had occurred on the merits of the case, due to the extraordinary circumstances, including the file seizure.
“The commission was in the process of determining the preliminary objections when the upheavals happened in the commission, and we lost the chairperson as well as our files that were seized via executed search warrants,” said the EC ruling.
“After considering all the above factors, the court finds that it is appropriate to allow the appeal to be withdrawn. The commission also decides that it is appropriate that each party shall bear their own costs.
“Hon Alvick Maharaj shall be informed that the commission accepts his withdrawal of appeal — the appeal against the Registrar of Political Parties’ decision to deregister the FijiFirst party is withdrawn fully and struck out.”