CHAPTER III: Observing the Parliamentary and Municipal Elections Following Polling Day (The stage of receiving and adjudicating electoral appeals) 1. Article No. (62) of the Constitution of the Kingdom of Bahrain stipulates that, “The Court of Cassation shall have jurisdiction to adjudicate appeals relating to elections of the Council of Representatives, in accordance with the governing law.” Article (21) of Decree-Law No. (15) of 2002 regarding the Shura Council and the Council of Representatives and its amendments stipulates that, “Every candidate in the electoral district shall be entitled to challenge the result of the election held in his/her constituency before the Court of Cassation within fifteen days from the date of announcing the general result of the election. If this Court establishes - upon examining the documents, hearing the testimonies of the appellant and the appellee whose election is contested and any person the Court deems necessary to hear his/her testimony - that the appeal is valid, it shall nullify the success of the contested elected member. The Court may in this case rule that the candidate whose election is found to be valid wins unless the grounds of the challenge and its circumstances necessitate a re-election. The filing of an election appeal shall not preclude the contested member (appellee) from the exercise of his/her powers at the Council of Representatives during the period preceding the handing down of the Court's ruling on the appeal. The effect of the ruling nullifying the election of a member shall apply to the future without being applicable to the period prior to handing down the judgment.” 87

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