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Issuance of a ruling regarding the failure of the Presidency of the House of Representatives to submit applications for the validity of the membership of parliamentarians
2019/09/23 04:19:58
Spokesman of the Federal Supreme Court, Eyas Al-Samouk, issued a press release saying:
The Federal Supreme Court held its session under the chairmanship of Judge Medhat al-Mahmoud and the presence of all judges, and issued the judgment below:
((Upon review and deliberation of the Federal Supreme Court found that the plaintiff and his agent has ended in his petition to request the ruling to cancel the defendant's decision of the President of the House of Representatives in addition to his position - assuming a ruling - to dismiss his objection to the validity of the membership of MP Ibtisam Mohammed Darb after the constitutional period has passed Article (52 / First) of the Constitution, which is thirty days from the date of registration of his objection to him and has not been submitted to the House of Representatives for a vote, and asked the ruling to cancel his ruling, which he considers as a response to his objection and replace him with a member of the House of Representatives in place of MP Ibtisam Mohammed Darb.
The Federal Supreme Court finds it necessary to sort out the position of the Presidency of the House of Representatives not to present the plaintiff's objection to the members of the House of Representatives for voting - as the plaintiff claims in his petition - and the decision issued by the House of Representatives by a two-thirds majority of its members when the objection is actually presented to him. Two-thirds of its members when considering objection to the validity of the membership of one of the deputies is the Federal Supreme Court is competent to hear in accordance with its competence provided for in Article (52 / second) of the Constitution.
Since the House of Representatives did not issue a decision by a two-thirds majority of its members regarding the plaintiff's objection to the validity of the membership of MP Ibtisam Mohammed Darb, or its invalidity, its competence did not materialize. Trained on the will of the members of the House of Representatives by a two-thirds majority in total and can not be considered a decision of the House of Representatives decision issued by them under Article (52 / first) of the Constitution.
Accordingly, the plaintiff's claim shall be subject to a reply from the competent authority. The judgment decided to refund it and bear the expenses and the attorneys 'attorneys' fees and the amount of one hundred thousand dinars.
The ruling was issued by agreement based on the provisions of Article 94 of the Constitution and Article 5 of the Federal Supreme Court Law No. 30 of 2005, and it was publicly understood on 23/9/2019).
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