Prof. Mohammed Abdul Mohsen Al Moqatei
Professor of Public Law – President and Dean of KILAW

Abstract

The National Assembly held its inaugural setting on Saturday morning, December 11, 2016. During this setting, and as established by the text of article 92 of the Constitution, the process of electing the Vice President of the National Assembly has been conducted. Parliamentarians Dr. Jamaan Al-Harbash and Eissa al-Kandari have filed to run for this position. Elections have been conducted by secret ballot system, where it was found after sorting papers that the candidate Dr. Jamaan Al-Harbash has garnered 32 votes, while the candidate Eissa al-Kandari has garnered 31 votes, and a blank vote was found in the ballot box.
On that note, the president of the National Assembly, Mr. Marzouq Al-Ghanim, considered that the majority described in Article 92 of the Constitution, which grants the position by an absolute majority of the members present, was not materialized based on the opinion that the majority is calculated on the basis of the 64 present members, as the President considered that the white paper is counted in the votes, therefore, the majority of the 64 present members is not achieved by garnering 32 votes by one of the candidates. The president therefore has decided to reconduct the election procedures for not achieving a majority. After the re-election, it turned out that the attendance were 63 members as one has left the hall, while the candidate Eissa al-Kandari has garnered 32 votes, while the candidate Dr. Jamaan Al-Harbash garnered 31 votes. The President of the Assembly announced that the elected Vice President is Mr. Eissa al-Kandari and the majority has been achieved in the votes he garnered.
As this situation is being dealt with in terms of failing to comply with the provisions of the Constitution, especially articles (92, 97) of the Constitution, and Article (37) of the Rules of Procedure, Dr. Jamaan Al-Harbash has objected to the decision of the elections and demanded that he is announced the winner of the Vice President position.
In the presence of the question at stake regarding this subject, we address the constitutional and legal opinion, which eliminates any confusion about it and offers effective answers to all its aspects, which are as follows:
First: The procedures and conditions of electing the Vice-President of the National Assembly.
Second: The integrity of the procedures taken in order to elect the Vice-President of the National Assembly.
Third: The final opinion on the matter before.

Read Full PDF Text (Arabic)