The Malta Independent 24 April 2024, Wednesday
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Court upholds PN injunction to stop St Paul’s Bay council election

Tuesday, 6 February 2018, 12:06 Last update: about 7 years ago

An injunction filed by the Partit Nazzjonalista (PN), stopping the St. Paul’s Bay local council from holding an election that would probably see a Partit Laburista (PL) candidate taking over the mayorship, has been granted by a judge.

PN Secretary General Clyde Puli had filed the application for an injunction on 15 January, saying he had done so in line with local council laws governing the procedures for when a mayor resigned.

St Paul’s Bay’s previous PN mayor, Graziella Galea, had resigned a week before, in anticipation of a no confidence motion.

Puli accused the Labour Party of trying to take over the St Paul’s Bay council, despite not winning a majority in the 2015 election. The PN had since  lost its majority after the defection of two councillors, necessitating the election of a new mayor. The PL majority council was pushing for the election for the Mayor and deputy Mayor to take place from the pool of local councillors currently elected, but Puli argued that the new mayor should be elected from the PN councillors as that party had received the highest number of votes. He said the injunction had been presented to protect the democratic will of the people.

The First Hall of the Civil Court, presided by judge Joseph Zammit Mackeon pointed out that it was a consistent doctrine that such injunctions are to be upheld if a prima facie right has been established, together with the necessity of the warrant and the disproportionate prejudice the applicant would suffer if not granted. The court was not to delve into the merits of the injunction - that is a matter for a civil case.

For this reason, the court upheld the request.

 

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