You’re right Observer. I just posted the same argument.
Pardon me, for missing your comment.

Strictly speaking, the government does not have anything to do with this case, it’s the PARTY in government which is an interested party in the case.

The party is not the government and the government is not the Electoral Commission.

The attitude that the leader of the governing party has unbridled powers must stop. Respectable people would have resigned en masse from the Electoral Commission when they heard such statements.

@ tinnat
Surely you are aware that it is not in the Baron of Burmurrad’s interest to get his skates on.

Of course, instead of accepting this gracefully, Labour will try to drag out an appeal for as long as possible.

Why not institute a separate case to reduce government’s seats by 2? That way the PN increase will not be hindered…

“Dan l-ghaliex Buttigieg kellha tigi eletta di sua sponte, u ghaliex il-partit rikorrenti bil-mekkanizmu Kostituzzjonali u l-iskeda tlettax tal-Kapitolu 354, kellu jikseb tlett siggijiet addizzjonali, waqt li jitnaqqas siggu minn naha tal- Partit Laburista, bir-rizultat distakk ta sebgha (7) siggijiet bejn il-partiti”

The court acknowledges mistake in District VIII only. (no mention is made of District XIII )

As per Regulation 23 of the General Elections (sorting of Ballot Papers, Casual Elections and Co-opting) Regulations 1991

http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8824 pgs 80-86

The general election result :
PL – 38 seats – 167533 votes – 4408 votes per seat
PN – 27 seats – 132426 votes – 4904 votes per seat

to work out the necessary proportionality of seats :
PN should be given 132426 / 4408 = 30.04 seats

Since number of seats should be odd the fraction in 30.04 should be increased to 31 seats giving the end result as
PL – 38 seats , PN – 31 seats (7 seat difference )

Court decided to keep PL’s present 39 seats and give PN two extra seats thus totalling 32 seats (7 seat difference )

In that case there’s no actual loss then.

The remedy of two additional seats was suggested by MEP Therese Comodini Cachia, who was a lawyer for the PN in this case.

The Court accepted this suggestion as it is the least “harmful” option. Probably the court thought “the more the merrier” in our new Parliament building.

Exactly.

Am I missing something here? If two MPs were erroneously elected to the government side they should be removed and the two MPs who were actually voted in should be added to the Opposition benches, leaving the government with a majority of 5 instead of 9.

Adding 2 MPs to the opposition benches as the Courts have ordered leaves the government with a majority of 7 which does not reflect the people’s vote.