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Official Gazette – Issue No. 9 (bis) March 1, 2015
Having prepared the lawsuit, the Board of Commissioners submitted a report stating
the opinion thereof.
The lawsuit was considered as illustrated in the minutes of the session and the SCC
decided to rule thereon in today’s session.
Court
Having reviewed relevant documents and conducted appropriate deliberations;
Whereas the presented lawsuit and all papers thereof reveal that the plaintiff filed
Lawsuit No. 26447 for the Judicial Year 69 against the defendants before the
Administrative Justice Court, requesting that an immediate ruling be issued to entirely
suspend the enforcement of HEC Decree # 1/2015 on the Conduct of Elections,
especially the provisions thereof which stipulate that elections be held in Al-Darb AlAhmar and Al-Sayida Zeinab constituencies during April 25-26, 2015, until the SCC
rules on the constitutionality of the Presidential Decree Law #202/2014 on the
Division of the House of Representatives Elections Constituencies and decides on the
annulment of the said Decree No. 1/2015. Whereas the plaintiff claimed that the
abovementioned decree law is unconstitutional and whereas the SCC took such
allegation seriously, it authorized the plaintiff to file a constitutional lawsuit. Hence,
the plaintiff filed the presented lawsuit.
Whereas, in the session dated 25/02/2015, Mohamed Salah Al-Din Mohamed Ahmed
and Shamel Abdul Aziz Abdullah requested to be added to the lawsuit as interveners
(Accessory Intervention) to uphold the demands raised by the plaintiff in the present
constitutional lawsuit.
Whereas, according to Article (126) of the Code of Civil and Commercial Procedure,
a third party may only be admitted to a lawsuit to uphold the demands of the plaintiff
(Accessory Intervention) if they have a direct personal interest in the subject-matter of
the lawsuit. In the context of constitutional lawsuits, the interest of the nonparty
requesting to intervene in the lawsuit shall be linked to the interest of the original
litigant or to this of the nonparty admitted to the lawsuit in which allegations are made
concerning the constitutionality of the said decree law. Moreover, the ruling issued on
the allegation made by the intervener shall be of an impact on the ruling issued on the
allegations made by the main litigant in the relevant lawsuit brought before the Court.
Hence, and whereas the two parties requesting to join the present lawsuit are not main
litigants therein nor interveners in the lawsuit filed by the plaintiff, and since they do
not qualify for a litigant status such that they cannot be considered significant parties
in the constitutional lawsuit, they do not have a genuine interest in the said lawsuit
and their intervention shall be turned down.
Whereas Article (2) of the Presidential Decree Law #202/2014 on the Division of the
House of Representatives Elections Constituencies says: “The Arab Republic of
Egypt shall be divided into 237 constituencies allocated for the individual system, and
into four constituencies for the list system”.
Whereas Article (3) of the same law stipulates that “the range, components, and the
number of seats of each constituency, as well as the number of seats assigned to each