The Federal Court recognizes the legitimacy of the election of Al-Halbousi and his two deputies

[size=52]The Federal Court recognizes the legitimacy of the election of Al-Halbousi and his two deputies[/size]

[size=45]Baghdad/ Firas Adnan[/size]
[size=45]Yesterday, Tuesday, the Federal Supreme Court ruled the legality of electing Muhammad al-Halbousi as Speaker of the House of Representatives and his two deputies, Hakim al-Zamili and Shakhwan Abdullah, stressing that the purpose of the first session is to swear the oath and open the door for candidacy, pointing out that this session differs from the rest of Parliament sessions.[/size]
[size=45]This comes at a time when two representatives of the State of Law coalition filed a new lawsuit with the court asking to determine the most numerous bloc, but observers found that the fate of this lawsuit will also be a response, calling on the losing forces in the elections to stop resorting to “absurd” appeals.[/size]
[size=45]Yesterday morning, the Federal Supreme Court held its second session to consider a lawsuit filed by Bassem Khashan and Mahmoud al-Mashhadani to challenge the procedures of the parliament session to repeat the oath and demand its cancellation.[/size]
[size=45]The head of the court stated in a decision read out in the session attended by (Al-Mada) correspondent, that “the President of the Republic, after the approval of the Federal Supreme Court on the final results of the general elections, invites the House of Representatives to convene by presidential decree within (15) days from the date of the approval, based on Article ( 54) of the constitution.[/size]
[size=45]He added, "The session is held under the chairmanship of the oldest member to elect the president and two deputies of the council, and it is not permissible to extend it for more than that period." The decision indicated that “the elected House of Representatives in its fifth session was called to convene on 9/1/ 2022, according to Republican Decree No. 66 of 2022.” And he indicated, "The Independent High Electoral Commission made it clear in its book that the oldest members of the winning candidates for the fifth round are Mahmoud Dawoud Salman Al-Mashhadani, Amer Hussein Jassim Ali, who is the first reserve, and Khaled Hassan Saleh Hassan Al-Daraji, who is the second reserve."[/size]
[size=45]The decision noted, that "the session was held on the date specified by the Republican decree, headed by Mahmoud Daoud Salman Al-Mashhadani, where the constitutional oath was taken by members of the House of Representatives and the door for nomination for the position of Speaker of the House of Representatives was opened."[/size]
[size=45]He explained, "MP Basem Khazal Khashan submitted a request banning MP Muhammad Rikan Hadid al-Halbousi from running for the presidency of the House of Representatives, claiming that he had perjured the constitutional oath, violated the constitution and committed several violations that disqualify him from running for office." The decision added, "Khashan enclosed his request a letter issued by the legal department of the House of Representatives, on which he relies on proving what he claimed." And he added, "Khashan also said that Al-Halbousi refrained from implementing the decisions of the Federal Supreme Court and enabled deputies whose membership is not valid to attend parliament sessions and vote on the laws issued by the parliament and at the same time prevented deputies from exercising their right to membership in the parliament."[/size]
[size=45]The decision confirmed, that “the plaintiff also stated that Representative Mahmoud Dawood Salman al-Mashhadani, head of the first session, decided to submit the request to the legal department of the House of Representatives to express its opinion and suspend the session until the answer is received.”[/size]
[size=45]And the decision went on, “Khashan mentioned that representatives from the Sadrist bloc went to the podium and attacked al-Mashhadani, who was taken to the hospital. Representative Amer Hussein Jassim Ali, as the second oldest member, apologized for presiding over the session, and then the third reserve was assigned Khaled Hassan Saleh Hassan Al-Daraji. “.[/size]
[size=45]And he indicated, "Al-Darraji ran the first session of the House of Representatives and contacted Representative Mahmoud Daoud Salman Al-Mashhadani to inquire about his desire to nominate himself for the position of Speaker of Parliament and announced his desire to do so." The decision continues, that “the court found that Al-Darraji’s presidency of the House of Representatives after Al-Mashhadani left and expressed his desire to run and the first reserve’s apology did not contradict the provisions of the constitution.” He pointed out, "The court held that Khashan's objection to Al-Halbousi's nomination must be in accordance with the provisions of Article 52 of the Constitution."[/size]
[size=45]The decision noted that “the claim that the first session was suspended by al-Mashhadani and that its appeal must be made by him has no basis in the constitution and the law.”[/size]
[size=45]And he added, "The only purpose of the first session, chaired by the eldest, is to take the constitutional oath and elect the speaker of the council, and then elect a first deputy for him and a second deputy by an absolute majority of the number of members by direct secret election." He pointed out that, “The constitution stipulates that the House of Representatives takes its decisions by a simple majority after achieving a quorum. This is related to the work of the House of Representatives after completing its formation, that is, after electing the Speaker and his two deputies, and that the constitutional legislator has differentiated between the first session and the rest of the House of Representatives sessions.” The decision ended with “a ruling to dismiss the plaintiffs’ suit and charge them for its expenses, while canceling the state order issued by the court earlier to disrupt the work of the Presidency of the House of Representatives.” The Federal Supreme Court also considered a second appeal filed by MPs Alia Nassif and Atwan Al-Atwani. The (Al-Mada) correspondent stated that "the appeal focused on the procedures of the first session and the demand to determine the most numerous parliamentary bloc."[/size]
[size=45]He pointed out that "the court, after hearing the defenses, decided to postpone the consideration of the case to the first of next February to complete the pleadings in its regard." On the same offer by Khashan and Mashhadani.[/size]
[size=45]In addition, the legal expert, Tariq Harb, stated in a statement to (Al-Mada), that “these cases were known to all, which is the response, and the decision of the Federal Supreme Court was just, equitable and in accordance with the provisions of the constitution.” Harb continued, "Things have settled down today, and they will move towards electing the President of the Republic within a week at most, and then the formation of the government according to the principle of the political majority."[/size]
[size=45]He pointed out, "Observers hope that the absurd lawsuits whose purpose is to disrupt the political process and paralyze the work of the House of Representatives will stop." The court examined it and rejected it in the correct constitutional manner, but this case is clear that it is incorrect and is not based on the constitution and the law in anything.” Harb went on, "Al-Atwani and Nassif's lawsuit is not related to the data of the Khashan and Al-Mashhadani lawsuit, as it asked to specify the most numerous parliamentary bloc, but the indications and expectations indicate that its fate will definitely be a response, similar to the previous lawsuits and appeals."[/size]
[size=45]For his part, a member of the Victory Alliance, Aqeel Al-Rudaini, stated, in a statement to (Al-Mada), that "the Federal Court's decision yesterday proved the existence of the Presidency, and today we are facing crucial constitutional times through which the blocs must speed up the nomination of candidates for the position of President of the Republic and Prime Minister."[/size]
[size=45]Al-Rudaini added, "The House of Representatives will soon hold a session to complete these procedures, but with it the dialogue should continue to end the state of obstruction, and although there is some time before us, it will end if things remain heading towards complexity."[/size]
[size=45]On the ninth of this month, the House of Representatives elected Muhammad al-Halbousi as its speaker, Hakem al-Zamili as a first deputy, and Shakhwan Abdullah as a second deputy.[/size]
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