The Federal Supreme Court annulls a decision of the Basra Provincial Council

The Federal Supreme Court decided to cancel a decision of the Basra Provincial Council for violating the Law of Governorates Councils Not Organized in a Region No. (21) of 2008, while the lawsuit of one of the candidates was rejected for the ruling that the membership of MP Mishaan Rakadh Al-Jubouri is unconstitutional.

 

Judge Abdul Sattar Bayraktar, the official spokesman for the judicial authority, said, "The Federal Supreme Court held its session today, Monday, June 29, 2015, headed by Judge Medhat Al-Mahmoud and the presence of all its members, and considered a number of cases listed on its agenda."

 

Bayraktar added, "The court decided to cancel the Basra Provincial Council’s decision to stop selling and renting all lands and real estate belonging to the dissolved entities in Basra Governorate, and obliging all concerned departments not to promote their sale and lease transactions except with the approval of the Basra Provincial Council."

 

"The annulled decision also includes binding the real estate registration departments, state properties, the municipality of Basra and the governorate's municipalities to submit a detailed inventory of all real estate and plots of land belonging to the dissolved entities in Basra, and the decision also granted the provincial council the right to acquire the lands and real estate referred to in accordance with the law."

 

Bayraktar pointed out that "the reason for canceling the decision is because it contradicts the provisions of Article 7 of the Governorates Not Organized into a Region Law No. 21 of 2008, and overlooks the powers of the provincial council."

 

He stressed that "the court rejected a candidate's case to rule that MP Mishaan Rakadh Al-Jubouri's membership was unconstitutional, and sees the fact that he occupied the vacant seat in accordance with the law, instead of a deputy who become a minister from the same governorate and bloc, and that the number of his votes exceeds what the plaintiff obtained in the elections."

 

The spokesperson explained that "the Federal Court also dismissed a number of cases regarding lack of jurisdiction."