Bahraini legislator has set bounds to the electoral process with
safeguards that ensure its successful completion in integrity and
transparency, subjecting it to strict judicial oversight and giving every
candidate in the constituency the right to challenge the results of the
election held in his/her constituency, and entrusting the Court of
Cassation, the apex of the judicial system in the State, with the
jurisdiction to consider these appeals.”
7. Regarding the holder of the right to lodge an electoral appeal, the Court of
Cassation affirmed that only the candidates have the right to challenge the
validity of the election and it excluded the voters in the constituency from
such. The Court ruled that, “The electorate (voters) may not appeal the
results of the election as this right is restricted to the candidates in the
constituency in which the validity of the election is contested.” This
principle recurred in the Court’s rulings on Appeal No. (19) and Appeal No.
(21) against the parliamentary elections of 2002 in the sessions dated 8
November 2002, and 18 November 2002, respectively.
8. In all cases, the Court of Cassation upheld on Appeal No. (16) against the
parliamentary elections of 2002, dated 5 November 2002, that, “The
results of the election shall not be challenged on grounds relating to
including the name of the winning candidate in the voters’ schedule or in
the candidates’ list in the constituency in which the candidate has won
the membership of the Council of Representatives, as these are preelection procedures to be resolved by final decisions or judgments that
have binding force in this regard.”
9. With regard to both the candidate and his agent, the Court of Cassation
established that the agent must be one of the voters in the candidate’s
89