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| Legal Interpretation in respect of Article 56 of the Amended Law of Election
of the Islamic Consultative Assembly |
| Single Article: |
By virtue of this law, all authorities attending to the eligibility of candidates in different elections (except the elections of Assembly of experts for leader' which shall be based on the article 108 of the constitution) shall attend to the eligibility of the candidates solely on the basis of the legal articles and valid documents and evidence dispatched by the legal centers to the executive authorities and supervisory committees. If they find a candidate unqualified they shall be required to give the reason of such an act as described here under and relevant legal articles and notify the candidate.
1- Legal documentation shall be notified to the candidate.
2- If requested by the candidate, the reasons and documents for his/her disqualification should be informed to him/her by the authority in charge, as follows:
A- In all cases, except the items B, C, D, candidates shall be informed in writing of the reasons and evidence.
B- Where the reasons and documents cause disrespect towards the candidate who would be disrespected, the matter shall be informed orally when the candidate is present and if the candidate requested to receive them in writing, the reasons and evidence would be informed to the candidate in writing.
C- If the reasons and documents disrespects others in addition to the candidate, the matter shall only be informed orally.
D- In connection with national security, notification of reasons and evidence to the candidate shall be at the discretion of commission with the of chief commander of the armed forces, minister of information and minister of the interior as members. |
| Note 1: |
| Disclosure of the information resources shall be up to the responsible authority. |
| Note 2: |
| The authority attending to the
complaints of the candidates' whose eligibility have been disapproved,
shall attend to their complaints precisely and announce the result to the
candidate and election executives. If requested by the aforesaid
candidates, the first authority dealing with the complaints shall hear the
defense of the candidates as the case may be. |
| Note 3: |
| If the Guardian Council
disapproves of the candidate who has been approved in the previous phases,
the candidate may apply for re-investigation within 3 days from the date
of notification of the Guardian Council. The Guardian Council shall
investigate and announce the result within 7 days. |
| Note 4: |
Voting in the Guardian Council
shall be as to the lack of eligibility for the candidates' whose
eligibility has been approved in the previous phases.
The above law including a single article and 4 notes was passed by the
Islamic Consultative Assembly on Tuesday 12.10.1999 and was finally passed
on 13.11.1999 with some amendments by the Expediency Council. |
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