Ruling on Petitions : Constitutional Council Has 10 Days Maximum
All petitions relating to the February 9, 2020 legislative elections are ruled upon by the Constitutional Council. According to the Electoral Code in its Section 125 (3), the decision to reject a candidacy or to publish candidacies may be appealed against before the Constitutional Council. Section 129 states that objections or petitions relating to the rejection or acceptance of candidates, as well as those relating to the colour, initials or emblem adopted by a candidate may be brought before the Constitutional Council by any candidate or political party taking party in the election or any person serving as a government representative in the said election, within a maximum period of two days following the publication of the list of candidates. The Electoral Code further specifies in Section 130(6) that the written evidence of the person concerned shall be deposited within 24 hours of the notification or posting up of the petition and the Constitutional Council shall issue an acknowledgement of receipt thereof.
The Constitutional Council shall therefore according to the law rule on petitions brought before it within no more than 10 days of the filing of the petition as stipulated in Section 131(1).
In case of a petition relating to the colour, initials or emblem, adopted by a candidate, paragraph two of the above mentioned section says the Constitutional Council shall assign by priority to each candidate their habitual colours, initials or emblem by order of seniority of the political party which put forward the candidate and, as concerns the other cases, according to the date of submission of the candidacy papers as evidenced by the submission receipt.
Any decision following a petition against the rejection or acceptance of a candidacy, as well as that relating to issues shall be notified forthwith to the Electoral Board and the political parties concerned.
- 26 mai 2020 11:01
- 0 likes