The Supreme Administrative Court issues a verdict obliging the Supreme Committee for Elections to implement the State Council’s rulings
The Supreme Administrative Court, headed by Counselor Magdy Al-Agattym, issued a final and irrevocable verdict, obliging the Supreme Committee for Elections to implement the judicial rulings regarding accepting the documents of some candidates for the People’s Assembly. The rulings were challenged by the Administrative bodies before incompetent courts. The draft verdict stated that the Supreme Committee for Elections should be neutral and independent while supervising the elections, and to perform its duties in accordance to the constitution and laws.
The Court affirmed that the Supreme Committee for Elections shall not consider the challenges filed by the Executive power before incompetent civil courts and Courts of Summary Procedures. These challenges have no legal consequences as they were filed before incompetent courts and are not in accordance with the principles of the Supreme Constitutional Court. The Supreme Administrative Court stated that the Supreme Committee for Elections shall not be an obstacle in applying the law, and should consider the challenges as null and void.
The Egyptian Association for Community Participation Enhancement (EACPE), a member of the Independent Coalition for Elections Observation, praises this historic verdict issued by the Supreme Administrative Court. The Independent Coalition has previously mentioned in its reports that the challenges filed by the administrative bodies, affiliated to the Executive Authority, before incompetent courts is considered as circumventing the laws. The Supreme Committee for Elections should have respected the rulings issued by the Administrative Judiciary.
This verdict affirms that the Supreme Committee for Elections, formed under the Law No. 18/2007, is not performing its duties efficiently, and that its formation and jurisdiction allows administrative and security bodies to intervene in managing the electoral process.
Administrative Courts have issued verdicts cancelling elections in all constituencies of Alexandria except for Gherbal constituency. The Administrative Court of Alexandria had ruled for accepting all the 60 lawsuits filed by candidates regarding halting the elections for not enlisting their names in the electoral lists, which resulted in the annulment of the electoral process.
In Qaliuobeya Governorate, the Administrative Court of Qaliuobeya cancelled the elections in 4 constituencies: Toukh, Banha, Kafr Shokr and Shubra Al-Khaima (second constituency).
In Behira Governorate, the Administrative Court of Alexandria ruled for cancelling the elections in 5 constituencies: Rashif and Idko, Mahmoudeya, Rahmaneya, Shubrakhit and Itay Al-Baroud.
In Assuit Governorate, the Administrative Court ruled for cancelling the elections in the first constituency of Assuit, located in Bandar Assuit. In Kafr Al-Sheikh Governorate, the Administrative Court of Kafr Al-Sheikh ruled for cancelling the elections in all constituencies of the governorate, including both Quota Seats.
In Dakahleya Governorate, the Administrative Court in Mansoura ruled for cancelling the elections in 10 constituencies: Miniat Al Nasr, Dekernes, Al-Manzalah, Markaz Al Mansoura, Sherbeen, Bani Obaid, Gamaleya, Aga, Belqas and Bassandila.
The insistence of the Executive Authority to not implement the aforementioned verdicts of the Supreme Administrative Court and other administrative courts, and the absence of the Supreme Committee for Elections proves that the Administrative and Security intervention in the electoral process makes it almost impossible to run free and fair elections according to international standards, and makes the elections susceptible to annulment.
EACPE’s Central Operations Room,
A member of the Independent Coalition for Elections Observation
Cairo, 26th of November 2010.