Verdict appealed against:
Article 3 of Law No. 38 of 1972 concerning the House of Representatives: “The Republic of Egypt shall be divided into one hundred and seventy-five constituencies. The districts shall be determined by law. Each electoral district shall elect two members of the People’s Assembly, at least one of whom shall be among the workers and the peasants.
The remaining members of the Parliament elected from among the workers and peasants shall continue to retain the status on which they were elected. If one of them loses that status, membership shall be revoked by a decision of the Parliament by a two-thirds majority of its members. ”
Article 6: The application for candidacy for membership of the Parliament shall be submitted in the constituencies allocated for election to the individual system from the candidates in writing to the Elections Committee in the governorate in which the candidate wishes to stand in one of its electoral constituencies within the period specified by the Supreme Elections Committee. Five days from the date of opening the nomination.
The nomination application shall be accompanied by a deposit of LE 1,000 for the court of the competent court and the documents determined by the Supreme Elections Committee in order to prove the availability of the conditions required by the law to nominate and confirm the status of the worker or farmer with a declaration submitted by the candidate accompanied by the supporting documents.
Papers and documents submitted by the candidate shall be considered as official papers in the application of the provisions of the Penal Code.
The provisions stipulated in the preceding three paragraphs shall apply to the candidates of the closed party lists. The competent body of the Party or the relevant parties shall take the procedure of their candidacy with a request submitted on the form prepared by the Higher Committee for Elections. The amount of one thousand pounds provided for in the second paragraph shall be deposited for each Candidate of candidates list ”
Article 9 bis: “The Electoral Commission of the province shall, after the conclusion of the committee for the dismissal of the objections referred to in the preceding article, prepare two final statements, one of which shall include the names of the candidates in the individual system and the names of the candidates of the lists. A candidate and the party to which s/he belongs, if any, and the electoral code assigned to each candidate or list.
The High Electoral Commission publishes the names of candidates in its constituency and in two widely circulated daily newspapers.
Appealed against parties:
President of the Supreme Council of the Armed Forces
Prime Minister
Minister of Justice
Chairman of the Supreme Elections Committee
Interior Minister
Governor of Qaluybia.
Verdict:
The court ruled :
First: unconstitutionality of the text of the first paragraph of Article III of Law No. 38 of 1972 regarding the Pairliament replaced by Legislative Decree No. 120 of 2011.
Second: unconstitutionality of the contents of the text of the first paragraph of Article VI of this law replaced by Legislative Decree No. 108 of 2011 to release the right to apply for nomination to the Parliament in the constituencies allocated to the election system individual members of the political parties as well as independents not belonging to those parties.
Thirdly: Article 9bis (a) of the above-mentioned law is unconstitutional by Decree-Law No. 108 of 2011 as stipulated in the final disclosure of the names of the candidates in the individual system of the party’s statement to which the candidate belongs.
Fourth: The unconstitutionality of the text of Article 1 of Decree-Law No. 123 of 2011 amending some provisions of Decree Law No. 120 of 2011, and the collapse of the text of Article II thereof.
Case no. : No. 20 of Judicial year 37Year : 2012
Litigant : Anwar Sobh Darweesh ، Capacity :Contester
Sentence
and farmers, one must maintain the same status on the basis of which they were elected.
If one of them forfeits that quality, he shall be deprived of the membership by virtue of a
two thirds majority decision to be issued by the Assembly”.
submitted in writing to the Security Directorate in the governorate where the candidate
desires to be nominated for one of its constituencies, during the period to be determined
by the decree of the Minister of Interior, provided this period shall not be less than five
days from the date the nomination period begins.
one thousand pounds in the treasury of the concerned governorate’s Security Directorate,
and by the documents to be determined by a decree of the Minister of Interior, to
establish the fulfillment of the conditions the law requires for nomination. The status of
the worker or farmer shall be established by virtue of a declaration to be submitted by the
candidate coupled with the relevant supporting documents.
in applying the provisions of the Penal Code.”
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 party-list
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.
1- The Chairman of the Supreme Council of the Armed Forces
2- The Prime Minister
3- The Minister of Justice
4- The Chairman of the Supreme Election Commission
5- The Minister of the Interior
6- The Governor of Qalyubia
First. The unconstitutionally of the provision of Article 38, para. 1, of the Law 38, of the
year 1972, concerning the People’s Assembly, substituted by the Decree Law 120, of the
year 2011.
Second. The unconstitutionally of the provision of Article 6, para.1, of that Law,
substituted by the Decree Law 108, of the year 2011, providing a general right to submit
candidacy applications for the People’s Assembly elections within constituencies subject
to the first past the post voting system, to those affiliated to political parties, in addition to
independent candidates not affiliate to those parties.
Third. The unconstitutionally of the provision of Article 9 bis (a) of the indicated Law,
added by the Decree Law 108, of the year 2011, providing for the inclusion of the final
lists of names of first past the post voting system candidates, of the names of their
affiliated parties.
Fourth. The unconstitutionally of the provision of Article 1, of the Decree Law 123, of
the year 2011, amending some of the provisions of the Decree Law 120, of the year 2011,
and annulling the provision of Article 2 thereof.
