The Federal Court rejects a lawsuit demanding the dismissal of Haider al-Abadi from parliament

2019/16/9 16:34

The

[Baghdad-Where]
The Federal Supreme Court, on Monday, rejected the request to dismiss the winner of the parliamentary elections Haider al-Abadi.
Iyas al-Samouk, a spokesman for the court, said in a statement today that the court, after scrutinyand deliberation, found that the plaintiff and his agents had claimed that he had been nominated for the Nasr bloc for the 2018 parliamentary elections. And fraud in the process of counting and manual counting and the result of mismatch with the result of electronic counting and counting despite the claim of the Commission to the contrary has asked the ruling to recalculate his electoral votes and being a winning candidate.

He added that "the plaintiff claimed that MP Haider Jawad Kazem al-Abadi did not take the oath of office during the first legislative session of the House of Representatives for the current session as required by paragraph [II] of article [4] of the House of Representatives Act and its formations No. [13] of 2018 as well as what Article (10) of the same law requires it to be sworn in at the first session of the Council.

He continued that "according to the request to rule by the House of Representatives to dismiss and terminate the membership of MP Haider al-Abadi, based on the above and paragraph [III] of article [11] of the House of Representatives Law and its formations, which gave the Council the power to dismiss the MP if his absences exceeded without legitimate excuse more than a third Sessions of the Council in one legislative term after paragraph [IV] of which ruled that the deputy failed to take the oath without a legitimate excuse is considered an absence from the meeting.

Al-Samouk explained that the Federal Supreme Court found that considering the first request of the plaintiff to recalculate his electoral votes due to the presence of manipulation and fraud in the election process and the incompatibility of the results of manual counting and counting with the results of electronic counting and counting out of its jurisdiction in this regard provided for in Article [93] Of the Constitution and Article [4] of its Law No. [30] of 2005, because what the plaintiff requested in relation to this paragraph of his claim shall be considered by the Independent High Electoral Commission under Article [8] of its Law No. [11] of 2007, Issue it on the occasion of complaints and appeals be challenged In front of the judiciary in the Federal Court of Cassation based on the provisions of paragraph [VIII] of the same material.

He pointed out that with regard to the plaintiff's request to dismiss and end the membership of [MP] Haider al-Abadi as a result of his absence from attending the sessions and not being sworn in, the Federal Supreme Court finds that this requires access to the answer to the following question: which is when the winner of the election of the House of Representatives? Back to the provisions of Article [50] of the Constitution we find that it obliged the winner of the elections and before assuming his duties to take the oath mentioned in accordance with its rules, as stipulated in paragraph (IV) of Article [11] of the House of Representatives Act - before ruling unconstitutional - to succeed [Deputy] If he is absent more than one-third of the sessions of the Council in one legislative term, the Council may dismiss him.

He pointed out that the Federal Supreme Court found the extrapolation of the provisions of Article [50] of the Constitution and refer to the judgments and decisions issued by the number [140/141 / Federal / 2018] on 23/12/2018, and [25 / Federal / 2010] on 25 / 3/2010, and [45 / TT / 2014] on 11/8/2014, and [70 / Federal / 2019] on 28/7/2019, it was determined that the winner of the House of Representatives election does not have the status [ MP] only after the swearing-in also found that the consideration of [MP] who is not sworn in absent from the sessions as stipulated in paragraph [IV] of Article [11] of the Law of the House of Representatives and its formations, this provision contradicts the provision of Article [50] ] Of the Constitution because the absence even lint C its effects need to be a winner who gained the status of [MP] and that this was not achieved because he did not attend the Council meetings and was not sworn in, so the Federal Supreme Court ruled in the ruling issued by the number [140/141 / Federal / 2018] on 23/12 / This unconstitutional paragraph, which was considered the winner of the elections and did not attend nor took the oath in absentia from the Council sessions.

Accordingly, it is not permissible to lower the replacement provisions stipulated in the law of replacing the members of the House of Representatives No. 6 of 2006 - as requested by the plaintiff in his case - for the winner who has not been sworn in and replaced by him, as this case is not addressed in the law of the House of Representatives and its formations. Addressed in the law of the replacement of members of the House of Representatives, which is the case of the victory of one of the candidates in the elections of the House of Representatives and not to attend the sessions and take the oath of office, and until the House of Representatives find legislative treatment for such a case .

He concluded by saying that "based on the foregoing has become the claim of the plaintiffs not based on the cause of the Constitution and the law decided to reimbursement and charge expenses and attorneys' attorneys fees of the defendants and the amount of one hundred thousand dinars distributed among them in accordance with the law and the decision was issued by agreement in accordance with the provisions of Article (94) Of the Constitution and Article [5] of the Federal Supreme Court Law No. [30] of 2005 and I understand publicly on 16/9/2019 ".

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