Independent Member of Parliament Ketan Lal has filed proceedings in the High Court against the Speaker of Parliament, the Acting Attorney-General and the Electoral Commission over the Constitutional Amendment Bill.
He will be represented by lawyer Mohammed Saneem.
Speaking to the media at the High Court Registry this afternoon, Lal says he is concerned about the state of democracy in Fiji and stressed the importance of upholding the rule of law.
In his court application, Lal is seeking declarations on the voting threshold required to amend the 2013 Constitution, arguing that at least three-quarters of Members of Parliament must support the changes.
He is also challenging the Speaker's decision to allow a two-thirds majority as the required threshold, with 53 MPs identified as the number needed to support the Bill.
Lal is seeking an alternative declaration that, if a two-thirds majority is applied, the required support should be calculated using all 55 MPs rather than 53.
He is also arguing that the second reading of the Bill was not preceded by a full opportunity for debate.
Lal is seeking a declaration that the Bill cannot lawfully proceed to a third reading and that any third reading would have no legal effect.
He is further seeking a declaration that the Speaker cannot lawfully notify the President about the Bill and that a referendum on the Constitution Bill cannot lawfully be conducted.
The application also seeks orders restraining the Speaker from putting the questions on the third reading and the Electoral Commission from conducting a referendum on the Constitution Bill until the court determines the Summons.
Lal says young people and citizens have the right to know what is happening in the country and stresses that the Constitution remains as the supreme law of Fiji.
He says its provisions must be respected and that the voices of all Fijians, particularly young people, must be heard.
