The Federal Court rejects the request to dismiss Haider al-Abadi from the House of Representatives

by **Rocky** Mon Sep 16, 2019 4:59 am

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Post n°1

The Federal Court rejects the request to dismiss Haider al-Abadi from the House of Representatives

by Rocky Mon Sep 16, 2019 4:59 am

The Federal Court rejects the request to dismiss Haider al-Abadi from the House of Representatives

11:11 - 16/09/2019

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Information / Baghdad ..

The Federal Supreme Court, on Monday, rejected the request to dismiss the winner of the elections for the House of Representatives Haider al-Abadi.

"The Federal Supreme Court held a hearing presided over by Judge Medhat al-Mahmoud and the presence of all the judges, and issued the following decision:" Upon review and deliberation by the Federal Supreme Court, it was found that the plaintiff and his agents had He claimed that he had been nominated for the Nasr Bloc for the elections of the House of Representatives for 2018 and after the announcement of the results from the Independent High Electoral Commission found irregularities in it as a result of manipulation and fraud in the process of counting and manual counting Otherwise, the referee has asked for his votes to be recounted as a winning candidate. ”

He added that he also claimed that (MP) Haider Jawad Kazem al-Abadi did not take the constitutional oath during the sessions of 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 What is required by paragraph (first) of Article (10) of the same law, where it is obliged to take the oath of office at the first meeting of the Council.

Al-Samouk pointed out that “according to the ruling, the Council of Representatives was obliged to dismiss and end 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 and its formations, which gave the Council the power to dismiss the MP if his absence exceeds a legitimate excuse. Of the third of the sessions of the Council in one legislative term after paragraph (IV) ruled that the failure of the deputy to take the oath without a legitimate excuse is considered in absentia to attend the meeting.

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 (2010) 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 no reason from the Constitution and the law. The judgment decided to refund and charge the expenses and the attorneys' fees of the defendants' agents, amounting to one hundred thousand dinars distributed among them according to the law. 5) of the Federal Supreme Court Law No. (30) for the year 2005 and understand publicly on 16/9/2019.

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by **Rocky** Mon Sep 16, 2019 5:05 am

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Post n°2

Federal Court rejects the request to dismiss the winner of the elections for the House of Representa

by Rocky Mon Sep 16, 2019 5:05 am

[size=35][size=35]Federal Court rejects the request to dismiss the winner of the elections for the House of Representatives Haider Abadi[/size]
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2019-09-16 | 04:09
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[size=18]Federal Court spokesman Ayas al-Samok said on Monday that the court rejected the request to dismiss the winner of the elections for the House of Representatives Haider al-Abadi.

Samuk said in a statement received by Alsumaria News, that "the Federal Supreme Court held a hearing presided over by Judge Medhat Mahmoud and the presence of all members of the judges, and issued the decision below: For the elections of the House of Representatives in 2018 and after the announcement of the results of the Independent High Electoral Commission found irregularities in it as a result of manipulation and fraud in the process of counting and hand counting and the result does not match with the result of electronic counting and counting despite the claim of the Commission to the contrary B his votes and being a winning candidate. "

Al-Samouk pointed out that the plaintiff "claimed that MP Haider Jawad Kazem al-Abadi did not take the oath of office during the sessions of 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) for the year. As well as what is required by paragraph (I) of Article (10) of the same law, where it is obliged to take the oath of office in the first session of the Council. ''

Al-Samouk added that, accordingly, he requested the ruling to oblige the House of Representatives 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 and its formations, which gave the Council the power to dismiss the MP if his absences exceed the legitimate excuse. Of one-third of the sessions of the Council in one legislative term after paragraph (IV) ruled that the failure of the deputy to take the oath without a legitimate excuse is considered absent from the meeting.

He pointed out that the Federal Supreme Court finds 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 electronic counting results out of its competence 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, and that the decision that Is issued on the occasion of complaints and appeals shall be challenged before a Judicial body in the Federal Court of Cassation on the basis of the provisions of paragraph (VIII) of the same article. "

He explained: "As for 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 elections for the House of Representatives as a deputy? 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 - that the MP fails to take the oath without A legitimate excuse is the absence of h If the absence of more than one-third of the sessions of the Council in one legislative term, the Council may dismiss him, and find the Federal Supreme Court to extrapolate 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 / T. / 2014) on 11/8/2014, and (70 / Federal / 2019) on 28/7/2019, it was settled that the winner in the elections of the House of Representatives does not hold the status of (Deputy) only after the performance Constitutional oath I also found that considering the deputy who is not sworn in as absent from the hearings 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 In order to produce its effects, it must be a winner who has acquired the status of (deputy) and that this was not achieved because he did not attend the sessions of the Council and was not sworn in, so the Federal Supreme Court ruled in the ruling issued by the number (140 / 141 / Federal / 2018) on 23/12/2018 the unconstitutionality of this paragraph, which was considered the winner of the elections and did not attend or took the constitutional oath in absentia from the sessions of the Council. 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 Natal / 2018) in 23.12.2018 unconstitutional this paragraph, which was considered the winner of the elections did not attend and did not lead the constitutional right absent from the meetings of the Council. " 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 Natal / 2018) in 23.12.2018 unconstitutional this paragraph, which was considered the winner of the elections did not attend and did not lead the constitutional right absent from the meetings of the Council. "

He continued, "Therefore, it is not permissible to lower the replacement provisions stipulated in the law on the replacement of 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 by him, and as this case is not addressed in the law The House of Representatives and its formations were not dealt with in the law of replacing the members of the House of Representatives, which is the case of winning a candidate in the elections of the House of Representatives and not attending the sessions and taking the constitutional oath. Him from th Store and the law. "

The Federal Court spokesman said, "Based on the foregoing has become the claim of the plaintiff in both parts is not based on the cause of the Constitution and the law decided to reimburse and charge the expenses and attorneys 'fees attorneys of the defendants' agents, amounting to one hundred thousand dinars distributed among them in accordance with the law and the decision was issued by agreement The provisions of Article (94) of the Constitution and Article (5) of the Federal Supreme Court Law No. (30) for the year 2005 and I understand publicly on 16/9/2019). "

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by **Rocky** Mon Sep 16, 2019 7:57 am

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Join date : 2012-12-21

Post n°3

Iraq's highest judicial authority ruled in favor of Haider al-Abadi not to dismiss him from parliame

by Rocky Mon Sep 16, 2019 7:57 am

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Iraq's highest judicial authority ruled in favor of Haider al-Abadi not to dismiss him from parliament

2019/09/16 03:16:32

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).

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The Federal Court rejects the request to dismiss Haider al-Abadi from the House of Representatives

The Federal Court rejects the request to dismiss Haider al-Abadi from the House of Representatives

Federal Court rejects the request to dismiss the winner of the elections for the House of Representa

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[size=18]Federal Court spokesman Ayas al-Samok said on Monday that the court rejected the request to dismiss the winner of the elections for the House of Representatives Haider al-Abadi.

Iraq's highest judicial authority ruled in favor of Haider al-Abadi not to dismiss him from parliame

Iraq's highest judicial authority ruled in favor of Haider al-Abadi not to dismiss him from parliament

Re: The Federal Court rejects the request to dismiss Haider al-Abadi from the House of Representatives

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