17. However, if there were serious and valid reasons and evidence to suggest
that an error has marred the voting or counting process, then, the Court of
Cassation shall have the right to recount the ballots itself. This was
established in the Court’s statement in Appeals No. (2), (9), and (11) on 28
October 2002, for the first appeal, and on 30 October 2002 for the other
two appeals, that, “The Court of Cassation is entitled to access the
electoral ballot papers to ensure their integrity and conformity with the
results of the elections that have been announced.”
18. Regarding the practical aspect, the NIHR monitored news reported in the
local daily newspapers that the Court of Cassation - in its capacity as the
competent court - has brought the curtain down on the appeals presented
before it on the outcome of the results of the parliamentary and municipal
elections. The Court ruled on all the appeals presented before it, (5)
appeals pertaining to the parliamentary elections and (3) appeals on the
municipal elections, submitted by the candidates on the results of the
elections’ first round in their constituencies, on 17 November 2022, by
rejection.
19. In addition, the NIHR followed up on the rulings pertaining to the elections
that were published on the website of the Supreme Judicial Council and
found only one Court of Cassation’s ruling on 29 November 2022, No. (7)
of 2022, rejecting the appeal submitted before it.
20. The NIHR appreciates the significant role of the Court of Cassation as the
body mandated by the Constitution to consider electoral appeals, which
underscores the great interest in the impartiality, transparency, and
integrity of the electoral process. Therefore, the highest courts in the
Kingdom were given the task of observing the course of the elections and
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