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.”
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