The Egyptian Organization for Human Rights’s Report on the rulings of the Administrative Court concerning the 2020 Parliament elections’s appeals

October 14th, 2020 by Editor


Law No. 46 of 2014 of the House of Representatives deals with the regulation of appeals issued against decisions of the Supreme Elections Committee in Article (16) that: “Anyone who applies to run for elections and whose name is not mentioned in the list prepared for this, may appeal against the committee’s decision stipulated in Article (15) of this. Each candidate also has the right to appeal against the committee’s decision to include the name of any of the candidates, or by providing an incorrect characteristic in front of his name, or the name of other candidates in the list in which his name is listed, “as Article (17) of it has stipulated that: “The appeal against the decision issued by the committee stipulated in Article (15) of this law shall be before the Administrative Court within three days starting from the date on which the lists and the names of the candidates are presented. The court shall decide on the appeal within five days at most.”

The House of Representatives elections will kick off for Egyptians living abroad on Wednesday, Thursday and Friday 21, 22 and 23 October, and will take place inside Egypt on Saturday and Sunday 24 and 25 of the same month, provided that the results for the first phase will be announced no later than November 1, 2020.

   The final list of candidates in the House of Representatives elections included 4,032 individual candidates competing for 50% of the 284 seats, and 8 lists with a list system, two of these lists competing for 100 seats in each of the two constituencies within the 4 constituencies, namely the National List and the Independents While the other two are competing for 42 seats in each of the other two constituencies, namely the National List and the Sons of Egypt.

The Administrative Court received appeals against Parliament elections, from candidates who were excluded from running in the elections, as well as from persons contesting the inclusion of names of some candidates. The number of appeals has reached more than 136.

The Egyptian Organization for Human Rights monitored a set of electoral appeals filed before the Administrative Court. Related to the 2020 Parliament elections. The Supreme Administrative Court ruled a set of rulings regarding the appeals submitted to it. The topics of the cases examined by the court included a candidate challenging the non-acceptance of his candidacy papers by the National Elections Commission, while other cases included an appeal for not including the names of some applicants on the lists of candidates despite their papers being accepted by the committee, and these are the most prominent provisions:

Some judgments issued by the Supreme Administrative Court:

First: Appeal No. 383 of 67, of the Penal law, submitted by / Muhammad Samir Muhammad Ahmad, against the President of the National Elections Commission, and agnist the Head of the Examination Committee, inoder to Appeal against the ruling issued by the Administrative Court in Cairo (First district ) in Case No. (61475) for the year 74, penal law, in a hearing of 10/1/2020.

The reason for the appeal: He applied for candidacy for membership in the House of Representatives 2020 in Cairo governorate for District No. 1, which is based in “Al Gamalia” on

individual seats, and submitted all the required documents, and despite that, the committee excluded his name from the lists of candidates, which led him to Filing his lawsuit.

The Examination committee for nomination’s applications decided not to accept the applicant’s nomination request based on the absence of wife’s signature on the financial disclosure, which indicates that the candidate has violated one of the essential conditions required by the law, which is the obligation to sign a financial disclosure statement from the candidate and his wife, as it was found that he signed Under the husband’s signature box, then he added the wife’s name below his signature.

Reasons for accepting the appeal: The legislator established in the law the determination of financial disclosures, on the designated and prepared form for this, and in which a decision is issued by the Minister of Justice. Required for the integrity of the statement, and that this statement is not intentional in itself; Rather, what is intended is to complete the necessary data for the validity of the declaration and its reliability.

For these reasons: the court has decided to accept the appeal formally, and in the matter to cancel the appealed judgment, and to judge again to cancel the appealed against with the consequent indication in the manner indicated by the reasons and ordered the implementation of the judgment in its draft without announcement.

Second: Appeal No. 236 of 67 Penal law, submitted by Hazem Fathi Al-Sayed Hussein Maree, against the President of the National Elections Authority, and the Chairman of the Committee for monitoring the Electoral Process of the House of Representatives, to the South Cairo First Instance Court – district (17), and against the minister of the Interior. Appeals against the judgment issued by the Administrative Court in Cairo (First district) in Case No. (61465) for the year 74 penal law, in a hearing of 1/10/2020.

The reason for the appeal: he applied to run for the House of Representatives 2020 elections individually, on behalf of the constituency No. 7, located in Al-Basateen, and submitted all the required documents before the committee, but he was surprised by his exclusion from the lists of those admitted to the elections, without legal basis. On the pretext that he did not fulfill the condition of performing military service or being exempt from it. He applied for military service upon completion of his undergraduate studies by obtaining a Bachelor of Science and Education from Ain Shams University, but he was not called to perform his military service; as the armed forces did not need at this time to accept a new batch and a certificate was issued with the above information, However, the committee disregarded this testimony and did not consider it, and issued its contested decision.

Reasons for accepting the appeal: The legislator aimed to stipulate the performance of compulsory military service or exemption from it while running for membership in the House of Representatives to ascertain the sincerity of the candidate’s affiliation and loyalty to his country, and that whoever evaded them would not be eligible to represent the nation in its parliament and the interests of citizens.

It was found that the candidate had proven that he had performed military service by placing him on demand for 3 years, and after 3 years had passed since he was granted this certificate, a certificate from the Ministry of Defense was issued to him on 7/15/2003 regarding his recruiting treatment that he had not been called by the military.   and therefore it is not permissible to recruit the contestant except In case of war or mobilization. Accordingly, the testimony is counted by determining the position that he was not called upon to perform the military service sufficient in itself to determine his final position, which was confirmed by his reaching the age of thirty and obtaining the final exemption certificate, thus he would have fulfilled the condition of performing military service.

For these reasons: the court ruled to accept the appeal formally, and cancel the appealed ruling, and ruled again to cancel the contested decision regarding the exclusion of  the name of the appellant from the lists of accepted candidates, and it ordered the implementation of the judgment with its draft without announcement, and obliged the administrative body to pay for the expenses of the two levels of litigation.

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Third: Appeal No. 249 of 67 Penal law, established by Osama Abdullah Saleh, against the  President of the National Elections Authority, and against the Chairman of the Committee to Examine Candidates for Candidacy in Parliament Elections; Appeals against the ruling issued by the Administrative Court (First district) in Case No. (61473) for the year 74 BC, at a hearing of 10/1/2020.

The reason for the appeal: He submitted his candidacy papers for the House of Representatives elections for the seventh district in Giza governorate, and he had completed all the required papers, but he was surprised by his exclusion from the lists of candidates admitted to the lists without evidence, and he appealed against this decision.

The court examined the case and issued its contested judgment, and its judiciary was constructed on the basis that it was proven from the papers that he mentioned in the financial disclosure statement submitted by him that he was separated from his wife, and the acknowledgment was based on that without his wife’s signature, and he did not present the divorce papers indicating that , Which is considered a violation to one of the essential conditions required by law, which is that the declaration must be signed by the candidate and his wife, and that it must be submitted within the period of  acceptance of the candidacy applications.

Reasons for accepting the appeal: The legislator excluded those who were not married from signing the financial disclosure declaration, otherwise there can not be any exclusions. In his case, The financial disclosure statement was made free of the wife’s data because he was separated from her, and he did not present the divorce papers that proved this. However, there were other papers that can be used as a proof of his divorce. In addition to that, the appellant was divorced from his wife on 12/13/2019 and that he submitted his candidacy application on 9/26/2020, accompanied by the required documents according to the law, including the financial disclosure statement, and he mentioned in the wife’s signature box in the declaration that he is divorced, He also mentioned in his CV form that he is single and all of the above was under the sight of the committee receiving candidacy applications, Furthermore, he submitted a copy of the divorce papers, and thus the financial disclosure for him shall fulfill all the legal conditions required according to the provisions of the law.

For these reasons: the court ruled to accept the appeal in form and to cancel the appealed judgment, and to judge again to cancel the appealed decision issued by the committee to examine and decide on candidacy applications in the South Giza Court of First Instance, and to re-add the name of the contestant to the lists of candidates.

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Fourth: Appeal No. 256 of 67 penal law, established by Medhat Awad Mustafa Al-Sharif, against the President of the National Elections Authority, and the Head of the Committee for Examining Candidacy Applications; Appeals against the judgment issued by the Administrative Court (First district) in Case No. (61540) for the year 74 penal law, at a hearing of 1/10/2020.

The reason for the appeal: The candidate was surprised that his name was not included in the list prepared for the 2020 House of Representatives elections for the individual and independent constituency (6) based in Nasr City and Heliopolis, because he was working as an officer in the armed forces and that his candidacy file was not approval by the Supreme Council of the Armed Forces, and that the candidate admitted So.

Reasons for accepting the appeal: that the appellant has submitted to the committee a certificate stating that he was a former officer in the armed forces, and the approval of the application submitted by him to run for elections as established by the official certificate issued on 3/9/2020 from the Department of Officers Affairs in the Armed Forces, thus, he fulfilled this condition, and thus the armed forces did agreed to his candidacy for the elections before submitting his application, and so, the contested decision to exclude him from candidacy is not based on a justified cause.

For these reasons: the court ruled to accept the appeal in form and to cancel the appealed judgment, and to judge again to cancel the decision of the nomination applications examination committee concerning the exclusion of his name from the list prepared for the House of Representatives 2020 elections of the (6) independent and individual constituency located in Nasr City and Heliopolis, and to cancel the contested decision And the consequent effects of that, and obligated the administration court to pay all the expenses of litigation, and ordered the implementation of the judgment and its draft.

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Fifth: Appeal No. 512 for the year 67 in the Penal Code. This appeal was made on behalf of Hisham Ahmed Mustafa Abdel Akher, against the President of the National Elections Authority in his capacity, and the Head of the Giza Governorate General Committee (Chairman of the Candidacy Examination Committee) in his capacity. The appeal is against the judgment issued by the Administrative Court – First Circuit – in Case No. (61548) for the year 74 in the Penal Code, in a hearing on 10/10/2020.

The reason for the appeal: He submitted his candidacy papers for the House of Representatives elections for the seventh district in the Giza governorate and had completed all the required papers. However, when announcing the lists of accepted candidates he was excluded from it on a document, on the grounds that he had not presented his divorce document from Mrs. Awatif Ibrahim Ali. However, the claimant’s financial disclosure was received, devoid of any data on the wife.

Reasons for accepting the appeal: In terms of the aforementioned papers, it has been proven that the appellant divorced his wife on 10/24/2018 and that he submitted a request for his candidacy for elections to the examination committee on 9/26/2020 and mentioned in the wife’s signature box that he is divorced. The appellant also mentioned in his resume that he is single and in his national identification card, there was no listed marital status. As such, the legislator has specified that the financial disclosure declaration should be signed by the candidate and his wife. However, in the case that the applicant is unmarried or divorced, the requirement for the wife’s signature would be impossible as he has no wife.

For these reasons: The court ruled to accept the appeal formally. Moreover, in the matter regarding the cancellation of the appealed ruling, the judge will reexamine the contested decision issued by the Committee for Examining Candidacy Applications and deciding on them in the South Giza Court of First Instance with regard to the exclusion of the appellant’s name from the lists of candidates accepted for the House of Representatives elections for the year 2020 in the seventh district of the Giza governorate.

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Sixth: Appeal No. 457 of the year 67 in the Penal Code, instituted by Muhammad Hamid Muhammad Abdo, against the Chairman of the National Elections Authority in his capacity, the Chairman of the Committee supervising elections in Minya in his capacity, the Minister of Justice in his capacity, and the  Minister of Interior in his capacity And Mr. Alaa Mohamed Hassanein Mohamed; Appeals against the judgment issued by the Administrative Court in Minya in Case No. (14912) for the year 10 of the Penal Code, in a hearing on 1/10/2020.

The reason for the appeal: He submitted a request to run for the House of Representatives 2020 elections for the Deir Mawas constituency in Minya Governorate and attached the required documents to his request, and obtained No. 29. However, he was surprised to find the candidacy of Alaa Muhammad Hassanein was accepted under No. 4, despite the issuance of many criminal judgments against him, as well as many misdemeanors.  These judgments lose him the condition of having a good reputation as a condition for accepting his candidacy papers. As the defendant is notorious for his bad reputation, this led the appellant to file his lawsuit.

Reasons for accepting the appeal: Since the judgments issued to imprison the respondent against him are the fifth, and they are multiple and repeated, it clearly foretells that the fifth respondent dared to violate the law and failed to obey its provisions. As such the inclusion of the respondent in the lists of candidates accepted for the 2020 House of Representatives elections from the Deir Mawas Center district in Minya Governorate is null and void, as he had violated the rule of law, which provides for the seriousness of the request to stop its implementation.

For these reasons: the court ruled to accept the appeal formally, to cancel the appealed ruling, and to suspend the implementation of the contested decision. Most notably the exclusion of the name of the respondent, the fifth from the lists of candidates for the elections in Minya governorate, from the district of Dermawas, as indicated previously.

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Seventh: Appeal No. 266 for the year 67 in the Penal Code, presented by Muhammad Sami Muhammad Muhammad Suleiman, against Mr. Sami Rifat Mr. Abdel Aziz, the President of the National Elections Authority in his capacity, and the President of Damietta Court of First Instance in his capacity.

The reason for the appeal: The contested person, Sami Rifaat ElSayed Abdel Aziz, who is a candidate in the same district, had filed his lawsuit against Mr. Muhammad Sami, because he is a candidate for the House of Representatives elections 2020 on the individual system, the symbol of the cup, in the first constituency, located in Damietta. Mr. Abdel Aziz drafted an appeal against the defendant Muhammad Sami Muhammad Muhammad Suleiman – No.1, the missile symbol; Because he was previously a member of Nation’s Future party, after which he joined the Republican People’s Party, and he has not yet resigned from the Nation’s Future Party, in contravention of the political parties law. This prompted the appellant to file his lawsuit, with his previous requests, and that the candidate had submitted the financial disclosure and his wife did not sign it, when he signed his wife’s name in his name.

The reasons for accepting the appeal: It was proven from the papers that the appellant / Muhammad Sami Muhammad submitted his candidacy papers for the elections from the first constituency, which is located in Damietta, to the examination committee, and it was decided in the Damietta Court of First Instance, during the period determined by the President of the National Elections Authority No. The schedule issued on 9/10/2020, and among those papers was his and his wife’s financial disclosure statement, signed by the appellant Muhammad Sami Muhammad and his wife Mrs. Suzan Ezzat, then the aforementioned declaration would have fulfilled all its legal elements.

For these reasons: the court ruled to accept the appeal formally, and in the matter to cancel the appealed ruling, and to reexamine the case, and ordered the implementation of the judgment in its draft without notice, and obligated the first respondent to pay the expenses.

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Eighth: appeal No. 1 and 26 of the year 67 in the penal code. The first appeal is by Ahmed Zuhair Ahmed Abdul-Ghani Foley, against the President of the National Elections Authority in his capacity, and Mr. Shaheen Shakir Othman Kilani. The second appeal is from the President of the National Elections Authority Against Mr. Shaheen Shaker Othman Kilani; Appeals against the judgment issued by the Administrative Judiciary Court (First Circuit) in Assiut, in Case No. (17301) for the year 31 in the penal code, at a hearing on 9/29/2020.

The Appeal’s court decision: the court decided to accept the appeal of the decision to remove the plaintiff’s name from the list of accepted candidates to the House of Representatives for the year 2020 for the second constituency in Assiut governorate as an independent candidate and his electoral symbol is “the house”. Consequentially the inclusion of his name as a candidate for individual seats as a candidate for the National Future Party, and its electoral symbol is “the chandelier”, and the administrative body was obliged to pay the expenses.

Reasons for accepting the appeal: It is proven from the papers that the respondent submitted a request to run for the individual seat elections for the second district in Assiut, as a member of the Future Nation Party. He attached to his request a certificate indicating the party’s approval of his candidacy, but it was issued on 6/26/2020. However,  the aforementioned party notified the committee the applicant’s membership in the party expired, so the committee issued its decision to change his status from a party-candidate to an independent candidate.

For these reasons: the court ruled first: not to appeal No. “1” for the year 67 in the penal code and obligated the appellant to pay the expenses, and second: to accept the appeal No. “26” for the year 67 in the penal code in a higher form, to cancel the appealed ruling, and to reject the case, and the appellant obligated the expenses at the level of Litigation and ordered the implementation of the ruling draft without announcement.

In sum, it can be said that the submitted appeals ranged from a mistake in the integrity of the procedures to incomplete candidacy papers. Examples of some of these mistakes include the financial disclosure and the signature of the wife on it and changes in the electoral status of the candidates, as well as the mandates of the Military Council of former officers of the armed forces, who intend to run for the (2020) parliament elections.

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