Pulic Title for the case: Appealing Against the constitutionality of the law of dividing the districts of the Parliament

Type: Constitutional

Case no.: 25 constitutional judiciary year 37

Case Year: 2015

Adverse: Abdullah Rabie Mohamed Mohamed Qenawi

Representation: Appellants

Verdict:

Verdict Date: 7-3-2015

Judges: President – Anwar Rashad Al Aassi

Members – Abdul Wahab Abdul Raziq –  Mohamed Abdul Aziz al Shinnawi – Said Marei Amr – Ragab Abdul Hakim Selim – Bolos Fahmi Eskandar – Hemdan Hassan Fahmi

Court: Supreme Constitutional Court

Subject Lawsuit and no.: 29153 judiciary year 69 in front of the administrative judiciary, requesting the suspension of the two decisions of the electoral supreme committee no. 1, 2 and before judging the referral of the suit to the supreme constitutional court to judge about the constitutionality of the articles no. 3,4,5,10 of law of the parliament issued with the presidential decision no. 202 year 2014 concerning the dividing of the electoral districts of the parliament elections, and the court permitted him to file a constitutional law suit to appeal against the constitutionality of the articles 3, 4, 5 of the law of parliament and the two articles 3, 4 of the presidential decision of the law 202 year 2014

The legal text appealed against:

Article 3 of the parliament law issued with the decision of the president of the Republic with law no. 46 year 2014 which states as follows: Electing the Parliament with 420 seats of individual system, and 120 seats with ultimate closed system. It is allowed for parties and independents to run the elections in each of the two systems.

Article 4 of the parliament issued with the president decision with law no. 46 year 2014 stating: the Republic is divided to a number of districts dedicated to electing in the individual system and 4 districts dedicated to electing in the lists system, A number of 15 seats are dedicated to each of them and for the two other districts a number of 45 seats are dedicated for each of them, and a special law determine number, scale and components of each of them. And for every district a number of members to be elected suitable for the population and voters in it, in a way that guarantees a fair representation for the population and the governorates and equality between voters.

Article no. 5  of the parliament law issued with the decision of the president of the Republic with law no. 46 year 2014 which states as follows: Each electoral list should include a number of candidats equals to the required number to be elected in the district and a spare number equals to the mentioned number and in the first elections of the parliament runs after the  implementation of this law. Each list of the 15 members should include the following numbers and properties at least:

three Christian candidates

three laborers and peasants candidates

three youth candidates

one disabled candidate

one Egyptian candidate abroad

providing that those candidates should include among them 7 women at least

Each list of 45 seats should include candidates of  the following number and properties:

Nine Christians

Six Laborers and peasants

six youth

three disabled

three Egyptians abroad

and among those candidates should be twenty one women at least

in all cases, same conditions should exist in the spare candidates. A list which lacks one condition of these conditions will not be accepted

The list could include candidates from more than one party, it is allowed to form a list from independent candidates who do not belong to any party, or both

In all cases, it is an obligation to announce the name of the party or whether the candidate is an independent in the list and this should be stated in the papers of the candidacy

Article 3 of the parliament law issued with a presidential decision of law no. 202 year 2014 stating:

the scale and components of each district and its seats and for each governorate are determined according to the attached tables taking in consideration the fair representation to the population and governorates and the equal representation for the voters

Article 4 of the parliament law issued with a presidential decision of law no. 202 year 2014 stating:this decision is to be published with the law of tables attached in the official newspaper and to be implimented the day after the publication

The Constitutional text claimed to be violated:

Ignoring for the absence of the  articles of violations

Appealed Against: The president of the Republic – Prime Minister – Head of the Supreme Electoral Committee

Verdict Text: The court ruled to reject the suit and confiscate the bail and obliged the prosecutor to pay the expenses and an amount of 200 L.E. as attorney fees