The Supreme Federal Court of Iraq, the highest judicial authority in Iraq, on Monday dismissed a lawsuit to end the membership of the President of the Victory Coalition and former Prime Minister Haider al-Abadi in parliament.
The spokesman of the Federal Supreme Court, Eyas Al-Samouk, said the following: - The Federal Supreme Court held a session presided over by Judge Medhat Al-Mahmoud and the presence of all members of the judges.
((Upon audit and deliberation of the Federal Supreme Court found that the plaintiff and his agents have claimed that he had nominated the victory bloc for the elections of the House of Representatives for 2018 and after the announcement of the results of the Independent High Electoral Commission found that there were irregularities as a result of manipulation and fraud in the process of counting and manual counting and the mismatch of the result With the result of the electronic counting and counting despite the claim of the Commission to the contrary and has asked the referee to recount his votes and being a winning candidate.
He also 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 Law of the House of Representatives and its formations No. (13) of 2018, as well as what it is obliged Paragraph (1) of Article (10) of the same law, which is obliged to take the oath of office at the first session of the Council.
Accordingly, the ruling demanded that the Council of Representatives be obliged to dismiss and terminate the membership of (MP) Haider al-Abadi, based on the above and to paragraph (III) of Article (11) of the Law of the House of Representatives The Council in the single legislative term after paragraph (IV) of which ruled that the failure of the deputy to take the oath without a legitimate excuse is considered absent from the session.
The Federal Supreme Court finds that the consideration of the first request of the plaintiff to recalculate his electoral votes due to the presence of fraud and fraud in the election process and the incompatibility of the results of manual counting and electronic counting of the results of electronic counting and counting out of its competence in this regard provided for in Article (93) of the Constitution and article. 4) of its Law No. (30) for the year 2005, because what the plaintiff requested in relation to this paragraph of his claim is to be considered by the Independent High Electoral Commission under Article (8) of its Law No. (11) for the year 2007, and that the decision issued on the occasion of complaints and appeals The appeal shall be before the Board Judiciary in the Federal Court of Cassation based on the provisions of paragraph (VIII) of the same article.
As for the plaintiff's request to dismiss and terminate 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 elections for 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 Law - before ruling unconstitutional - to succeed (Deputy) The Federal Supreme Court shall have the right to extrapolate the provisions of Article (50) of the Constitution and to refer to the judgments and decisions issued by the number. 140/141 / Federal / 2018 (on 23/12/2018, and 25 / Federal On 25/3/2010, and (45). S / 2014) on 11/8/2014, and (70 / federal / 2019) on 28/7/2019, has settled that the winner in the elections for the House of Representatives does not hold the status of (deputy) only after taking the oath of office as found that (MP) who is not sworn in as absent from the sessions as stipulated in paragraph (IV) of Article (11) of the Law of the Council of Representatives and its formations, this provision contradicts the provision of Article (50) of the Constitution because the absence to produce its effects must be The winner of the status of (MP) and that this was not achieved because he did not attend the sessions of the Council and did not take the oath of office, so the Federal Supreme Court ruled in the ruling issued by the number (140/141 / AT On 23/12/2018, this clause was unconstitutional, which considered the winner of the elections and did not attend or take the oath in absentia from the sessions of the Council.
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) for the year 2006 - as requested by the plaintiff in his case - for the winner who has not been sworn in and replaced. Since this case has not been dealt with in the House of Representatives Act and its formations, nor has it been dealt with in the law of replacing the members of the House of Representatives, which is the case of the winning of one of the candidates in the elections of the House of Representatives and not attending the sessions and taking the oath of office. The winner, Dr. Haider al-Abadi and his replacement has no basis of the Constitution and the law.
Based on the foregoing, the plaintiffs' lawsuit has become based on a reason from the Constitution and the law. (5) of the Federal Supreme Court Law No. (30) for the year 2005 and I understand publicly on 16/9/2019).