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Official Gazette – Issue No. 9 (bis) March 1, 2015
As the plaintiff claims that the party-list system violates principles of equal
opportunities and equality before the law and does not take into account the
proportional weight of votes.
Whereas the provisions included in Article (4) of HoR Law, and the in ability of
Articles (2) and (3) of Law 202/ 2014 referred to herein– in area of application on
election system with lists –and the attached table regarding constituencies of, has
chosen for election with lists system to divide the Arab Republic of Egypt into four
(4) constituencies, two of them were allocated (45) seats each, the first of which
consists of the sector of Cairo, South and Central Delta, which comprises (6)
governorates, including 21,280,268 voters and its population is 31,826,460 citizens,
and the second is the constituency of the sector of North, Central and South Upper
Egypt which consists of (11) governorates, and has 19,715,314 voters and 33,321, 638
citizens. the legislator allocated for the other two constituencies (15) seats each, the
first of which is the sector East of Delta (7) governorates, that has 6,729,018 voters
and its population is 10,747,074 citizens, and the second is the sector of West Delta
(3) governorates, that has 7,309,449 voters and its population is 10,918,551 citizens,
Also the second paragraph of Article (4) of house of representatives law referred to,
stated that the number of members elected for each constituency is to be in proportion
of its population and voters, to take into account the equitable representation for
population and governorates and equivalent for voters, it leads to that the preceded
regulation has committed with the constitutional controls for dividing the
constituencies and distribution of seats between them, and does not violate principles
of justice, equality and equal opportunity, also does not contravene with any other
provision in the constitution, that requires dismiss that part of the case.
Whereas claiming that Article (10) of House of Representatives law is in violation
with the constitution provisions, as it contained obligation on the candidate to submit
statement includes the biography of the candidate specially his/her scientific and
practical experience, Article (18) of the current constitution states that "Citizen
participation in the public life is a national duty, and each citizen has the right to vote
and to be elected and give his/her opinion in the referendum, and the law regulates
exercising these rights…..", and Article (102) states that "……and it is required for
the applicant for membership of house of representatives (parliament), to be Egyptian
and enjoys his/her civil and political rights, and has a certificate of completion of
basic education,…..and the law indicates the conditions for applying for the elections',
learned from above, and the judge of this court – that citizen has the right to vote and
to be elected and give his opinion in the referendum in accordance with the provisions
of law, and his/her contribution in the general life is a national duty, and the two
preceded mentioned provision entrusted the legislator to regulate the right to be
elected and to indicate its conditions, to ensure achieving targets aimed by the
constitutional legislator in deciding it, and that obliges the legislator to put a
regulation based on objective foundations providing equal opportunities for the
candidates, excretion for their superiors, and that is to ensure citizens' right to choose
their representatives in parliaments, as the legitimate authority is imposed only by the
voters, and these two rights (nomination and voting) are compulsory needed to
activate democracy in its content that decided constitutionally, and to ensure that the
parliaments are in fact revealing the people's will, and consequently may not to entrust
this representation to whom are not performing correctly, so that not to be burden on