Official Journal – Issue No. 22 (bis) on 03 June 2013
7
candidacy procedures of such candidates through submitting an application using the
Higher Elections Commission form..."
Article (24) of this law, replaced with decree law No. 109/2011, says "Subject to the
provisions of the present law, the provisions prescribed in law No. 73 for the year 1956
regulating the exercise of political rights, and the provisions prescribed in articles (2),
……, (9-Ibid "a"), and ………..of law No. 38 for the year 1972 concerning the People’s
Assembly shall apply to the Shura Council."
Article (9-Ibid "a") of law No. 38/1972 on the People's Assembly, added by decree law
No. 108/2011, says that "After the objection committee has decided on the objections
presented in the previous article, the election commission in a governorate shall produce
two final candidate lists, one containing the names of the individual candidates and the
other containing the names of candidates included in party lists. The candidate lists shall
record the status of each candidate, the political party for which he is nominated, and if
applicable ,the electoral symbol attributed to each candidate or party list…"
Whereas Article (5) of the decree law No. 120/2011 amending some provisions of the
law No. 38/1972 on the People's Assembly as well as law No. 120/1980 on the Shura
Council says "Whoever applies for the membership of the People's Assembly or the
Shura Council under the individual electoral system shall not be affiliated to any
political party. Membership shall only remain valid as long as a member remains
unaffiliated to any political party. Should such status lapse, the membership shall
lapse as well by a majority of two-thirds of the People's Assembly/Shura Council
members".
This provision was annulled by virtue of decree law No. 123/2011, where Article (1)
thereof says :Article five of Law 120/2011 shall be cancelled, where Article (2) states
that such decision should be published in the official gazette and should be treated as
a law, applicable the day it is published.
Whereas the interest, which is the condition for accepting the constitutional case,
requires a connection between it and the interest in the objective lawsuit, such that
deciding on the constitutional issue shall be necessary for ruling on the related
requests submitted to the subject court. For this reason, and because the dispute based
on which the lawsuit is filed requires the stay of execution and then the annulment of
the Higher Election Commission's (HEC) decision to announce the Shura Council
election results in Luxor district, including the runoff held among 4 candidates from
the individual electoral system and the consequent results thereof.
Whereas the referral ruling as well as the documents presented by the State Lawsuits
Authority to the Administrative Justice Court and the Higher Administrative Court
indicate that the Freedom and Justice Party (FJP) list presented by FJP representative
to the head of the election monitoring committee in Luxor on 20/10/2011 included 4
names, the second of which is Saied Ahmed Mohamed Mahmoud (Workers), and
whereas the latter submitted a request to the head of such committee on 24/10/2011,
requesting that his name be transferred from FJP list to the individual system
(Workers). His request was met and he took part in the first round of the Shura
Council elections under the individual electoral system as illustrated in the annexed
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