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03:35 p. M.
Saturday, January 02, 2021
Books – Tariq Samir:
The First Circuit of the Supreme Administrative Court headed by Councilor Muhammad Husam al-Din, President of the Council of State, decided to refer Mortada Mansour’s appeal to the decision of the National Electoral Authority to count the votes of voters in the parliamentary elections. of 2020 for the district of Mit Ghamr, to the Court of Cassation for its jurisdiction.
The cassation lawyer, Amr Abd al-Salam, commented that the verdict is correct in the provisions of the constitution and the law, given the lack of competence of the administrative judiciary to consider this type of appeals, indicating that the state jurisdiction has it the Court of Cassation alone and not other courts to decide on the validity of the membership.
Abd al-Salam, speaking to Masrawy today Saturday, was based on the text of article 107 of the current Constitution, which establishes that “The Court of Cassation is the only competent to decide on the validity of the membership, since it is the holder of the original jurisdiction and the appeals are presented to him within a period of no more than thirty days from the date of announcement of the final results of the elections. Provided that the Court of Cassation determines the validity of the appeals within sixty days from the date of their presentation before the Court of Cassation, and in the event of a resolution that invalidates the membership, it is totally void from the date in which the Council is informed of the resolution.
Likewise, based on the text of article 352 of the statutes of the House of Representatives, the Court of Cassation has the power to decide on the validity of the membership of the members of the House of Representatives in accordance with the provisions of the law that regulates it, and the appeals are presented to it within a period of no more than thirty days from the date of announcement of the final results of the election, resolving the appeal within sixty days. The date it was received.
According to the aforementioned article, in the event of a ruling that invalidates membership, it will be void as of the date the Council is informed of the ruling in accordance with the provisions of article (386) of these regulations.
Murtaza Mansour was a student to reconstruct the vote counting records in the Mit Ghamr district. The appeal was filed after he lost the 2020 elections for the Mit Ghamr district House of Representatives in Dakahlia governorate.
