The FSC issued a judgment regarding the membership of one of the representatives
The FSC issued a judgment regarding the membership of one of the representative, while it decided to notify the ICR to complete the quota of women from the Governorate of AL-Muthanna.
The official spokesman of the court Ayas AL-Samok said ‘’ the FSC was in session headed by the judge midhat AL-Mahmood and the presence of all judges members of the court and tried a case initiated by the candidate Basim Khazaal about the membership of the representative Rafah Khudheir Jiad.
He added, “The court held a number of sessions and charged competent experts to determine the mechanism of calculating the quota of women in the governorate of AL-Muthanna in accordance with the Constitution, law and electoral system.”
He said “the FSC reached after scrutiny and deliberation that the text which shall be applied for this legal incident that is the subject of the presented case before the court No. (8/federal/2019) is the clause (4/Beh/2) from the third step from the system of the ICR seats’ distribution No.(12) for 2018 according to the Hierarchy which was listed in its texts.''
He mentioned ''The Court confirmed that this is what decided by the steps of these texts and the unanimous decision of the competent experts in this field, although they disagree each other on the rest of the details''
He clarified ''The court adopted what was listed in the report of the experts in this aspect, which corresponds to the Constitution, law, and order, and left the rest details in accordance with the provisions of Article (140) of the Evidence Law No. (107) of 1979."
He added ''The court mentioned that the text stipulates that a seat for women shall be allocated from the seats of the lists that got two seats and from the lowest list in the votes obtained to the higher list, and the candidate who won the second seat in that list will be replaced by the candidate with the highest number of votes from the same list.''
He drew attention ''The FSC confirmed that the presence of a woman who won by the votes she got in that list does not prevent the presence of another woman who came by securing the quota of women next to her (quota)''
He said ''The court found that the Constitution and the law do not prevent the presence of two women in a list from the lists and at the same time does not deprive the list its right to have two seats in the ICR occupied by two women''
He added ''The Court confirmed that the legal position of the female representative is fully equal to that of the male representative and they have the same rights and obligations according to Article (14) of the Constitution.''
He mentioned'' The Court emphasized that the implementation of the text of clause (4 / beh / 2) of the third step of the system of seats distribution in the ICR is to ensure the percentage of women in the Council and the amount of not less than (25%) as decided by the Article (49 / 4th) of the Constitution of the Republic of Iraq For the year 2005 and article (13 / 1st) of the Law on the election of the ICR No. (45) for the year 2013 and article (2) of the third step of the system of distribution of seats in the ICR.''
The Court confirmed and based on it, that the text which shall be applied for this legal incident the subject of the case is the text of paragraph (4 / Beh / 2) of the third step (calculating the quota of women) for the reasons mentioned above and based on the provisions of Article (52 / 2nd) of the Constitution the court decided to revoke ICR Decision No. (25) for 24/1/2019 adopted at the 28th session of the ICR dated on 23/1/2019, clause (2), which contains the non-approval of the challenge submitted by the plaintiff Khaz'al on the validity of the membership of Rafah Khudheir Jiad" .
the court considered the non-implementation of the provisions of the clause (4/Beh/2) from the third step of the regulation of the ICR seats distribution No.(12) for 2018 on the incident the subject of the challenge has affected the validity of the aforementioned ICR decision, and for the reasons that were listed in this judgment decision which required to apply it when trying the challenge that presented by the plaintiff Basim Khazaal Khashaan and convert to the lower list and replacing the winner candidates of the second seat by the candidate that got the highest votes from the same list to complete the required seats of women in AL-Muthanna governorate
the court decided to notify the ICR that it accepted the challenge and converting to apply the provision of the clauses (4/Beh/2) from the third step of the regulation of the ICR seat distribution and going to the lower list (AL-Fatih List) and replacing the winning candidate of the second seat by the candidate who got the highest votes from the same list to complete the required seats of women in AL-Muthanna governorate
the judgment decision issued unanimously and decisive according to the provisions of the article (94) from the constitution and the article (5) from the law of the FSC No.(30) for 2005
