PN added to suit challenging its additional parliamentary seats

The Constitutional Court has upheld a request by the Nationalist Party to allow it to join the suit in which the Labour Party is insisting that the PN should not be granted two additional parliamentary seats.

In last week’s general election, the PL won 37 seats and the PN won 28, but the Electoral Commission ruled that, because of the so-called rule of proportionality, the PN had to be given an additional two seats.

This would ensure that the number of seats given to each party was proportionate to the electoral result.

But on Saturday the PL filed an application before the Constitutional Court arguing that the proportionality rule could be applied in the case where there were more than two political parties represented in Parliament. The PD is represented through its leader Marlene Farrugia.

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.

The PN had also filed a similar request, as had Carm Mifsud Bonnici and Frederick Azzopardi, who benefitted from the extra two seats.

PL lawyer Pawly Lia objected, saying that the PL had no juridical interest in the proceedings. The case, he said, concerned only the Electoral Commission. He said that if the PN were to join the suit, then so should the PD.

Paul Borg Olivier, appearing for the PN, insisted that the Nationalist Party does have a juridical interest. The case was more urgent in the case of Frederick Azzopardi, as he would have to submit his name for the casual election should his seat be taken away.

Borg Olivier insisted that the PD did not need to be included in the suit for it would not be affected by the outcome.

Professor Ian Refalo, for the Electoral Commission, said the PL’s request was premature as it dealt with the merits of the case. Juridical interest had to be proven before anything else, he said.

After listening to all submissions, the judges retired to their chambers to return later in the afternoon with a ruling. The court upheld the PN's request to be joined in the suit.

The court said it will be deciding on whether the PD should also be added to the suit in view of the urgency cited by the parties, as well as in the national interest.

The case continues on Thursday.

During the last legislature the PN and the PL fought a threeyear long court battle over an additional two seats which were granted to the PN after counting mistakes.