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Official Gazette, Issue 24 App (a) on 14 June 2012
unconstitutional; otherwise, the case would in fact be a constitutional case that had
been filed in a way other than that prescribed by law. For this reason, and because the
merits case is founded on a motion to stay and then cancel the decision of the Higher
Elections Committee to announce People's Assembly election results for Qalyubia's
third individual-candidacy electoral district, which are motions independent in their
substance and content from those specified in the present constitutional case, which is
concerned with the constitutionality of the appealed texts, this means that the
aforementioned plea is not in its appropriate venue, and so it is fitting to rule that it be
denied.
Whereas Article 3, Paragraph 1 of Law No. 38/1972 concerning the People's
Assembly, which was replaced by Decree-law No. 120/2011 stipulating that "Twothirds of the members of the People's Assembly shall be elected according to a closed
party-list system, and the other third by an individual candidacy system. The number
of members representing each governorate through the closed party-list system shall
be equal to two-thirds the number of seats allocated to the governorate, and the
number of members representing the governorate through the individual candidacy
system shall be equal to one-third the number of seats allocated to the governorate."
Article 6, Paragraph 1 of this law, which was replaced by Decree-law No. 108/2011
stipulates: "In the electoral districts allotted for individual candidacy elections,
People's Assembly candidacy requests shall be submitted by the applicant in writing
to the election commission of the governorate where the electoral district in which he
wishes to run is located. The requests shall be submitted within the time period
determined by a decision of the Supreme Elections Commission, which shall be no
shorter than five days from the opening of the candidacy registration window."
Article 9 bis of the aforementioned law, which is supplemented by Decree-law No.
108/2011, stipulates that: "After the commission in charge of settling objections
referred to in the previous article concludes its task, the election commission in the
governorate shall prepare two final lists, one of which shall contain the names of
candidates under the individual candidacy system, and the other the names of partylist candidates. Each list shall contain the status that has been established for each
candidate, the party that he belongs to (if applicable), and the ballot symbol assigned
to each candidate or party list. The Supreme Elections Commission shall publish the
names of the candidates, each in their own electoral district, in two broadsheet daily
newspapers."
Before it was repealed, Article 5 of Decree-law No. 120/2011, which amended some
provisions of the aforementioned Law No. 38/1972 and Law No. 120/1980
concerning the PA, stipulated that: "Whoever submits a candidacy request for the
People's Assembly or the Shura Council shall not belong to any political party, and it
is a condition of his continued membership [in either body] that he remain unaffiliated
with any political party. If he loses this status, then he shall be stripped of his
membership by a two-thirds majority vote." This text was repealed under Article 1 of
Decree-law No. 123/2011, which stipulates that: "Article 5 of Decree-law No.
120/2011 is hereby repealed."
Whereas the interest – which is the condition for accepting the constitutional case –
has its basis in that there be a connection between it and the interest in the merits case,