32
Official Gazette – Issue No. 9 (bis) March 1, 2015
portfolio, containing a photocopy of the verdict of lawsuit no. 51701 for 1965 from
the Administrative Court of Cairo and an official facsimile duplicate of the Social
Labor Party Chief Decision no. 15 for 2014, dated December 3, 2014.
Court
Having reviewed relevant documents and conducted appropriate deliberations;
Whereas the facts – as indicated in the Statement of Claim and other documents – can
be summed as follows: the plaintiff has lodged pleading no. 24174 for 1996 before
the Cairo Administrative Court for an urgent original verdict to stop enforcement of
the Higher Election Committee call for voters in House elections dated January 8,
2015. The Statement of Claim also calls for cancellation of the decision of the Higher
Election Committee to call voters in elections of House members. The Statement of
Claim similarly calls – as preventive ruling – to an appeal against Laws (45) and (46)
for 2014 on the exercise of political rights and the House, either at the Supreme
Constitutional Court or through a Constitutional pleading appeal by the plaintiff. The
Statement of Claim also bears – as absolute preventive ruling – referral of Articles (2)
and (4) of the HoR Law and Articles (22) and (57) of the Law of exercise of political
rights, either at the Supreme Constitutional Court or through a Constitutional pleading
appeal by the plaintiff. After thorough examination, the Court has filed for nonconstitutionality of both aspects of the lodged preventive appeal and has informed the
plaintiff in its verdict issued on February 3, 2015 to lodge a constitutional claim
within 48 hours of its verdict, which he has done.
Whereas it is clear from the documents submitted, that the constitutional claim lodged
was done in his capacity as Secretary of Education and Media at the Socialist Labor
Party. It is also confirmed that the plaintiff has chosen premises of the Freedom
Committee in the said party as official location, as confirmed by the document
submitted during the pleading. The documents submitted also include a delegation of
authority from the Head of the Party to lodge party legal claims before Egyptian
courts of various competences on freedom and public opinion claims, which
contradicts the objective claim lodged in his partisan and personal capacities.
Whereas Article (10) of Law (40) for 1977 on the organization of political parties
states in Paragraph (1) that “the Head of the Party represents the Party in all legal
matters before courts or any other party or in confrontations with others”. Paragraph
(2) also states, “The Head of the Party may delegate one or more party leaders to
exercise some competencies of the Head of the Party, in accordance with the internal
bylaws”
Whereas Paragraph (1) of the previous Article implies the exclusive representation of
the Party by its Head – and none other, including Party members – in all legal matters
before courts or any other party or in confrontations with others. On the other hand,
Paragraph (2) of the said Article allows the Head of the Party to delegate one or more
party leaders to exercise some competencies of the Head of the Party – other than
those mentioned in Paragraph (1) – in accordance with the internal bylaws.
Whereas Article (28) of the Law of the Supreme Constitutional Court issued in Law
(48) for 1979 states, “except what was aforementioned in this Chapter, applies to