Motahari Calls for Referral of Parliament's Resolution on Disqualified Candidates to the Expediency Council

On Wednesday, February 1, the Deputy Speaker of the Islamic Consultative Assembly, Ali Motahari, requested that the Parliament's resolution regarding the prohibition of disqualifying elected candidates after elections be sent to the Expediency Council for final judgment. In an interview with ISNA, he stated that the Parliament's insistence on its resolution, despite being rejected twice by the Guardian Council, indicates that it should be referred to the Expediency Council. If the Council votes in favor of the Parliament, 'considering that legally, the inquiry is retroactive and includes the past,' Minou Khalighi, who was unjustly sidelined, can enter the Parliament. The Islamic Consultative Assembly had interpreted Clause 3 of Article 52 of the Election Law concerning the confirmation of candidates' qualifications during its session on September 7. According to the Parliament's interpretation, the Guardian Council can only disqualify candidates within the timeframe specified by the Election Law and should not disqualify a candidate after their election. However, on September 20, the Guardian Council announced that it had rejected the mentioned plan and returned it to the Parliament for corrections. The Iranian Parliament subsequently amended this resolution, but the new resolution was also rejected by the Guardian Council. The Parliament also approved that part of the inquiry be 'clarified' in the commissions and presented again in the public session. This section of the inquiry was also approved in the public session on January 30 after review in the Parliament's commissions. In their new resolution, the Parliament representatives emphasized that the Guardian Council cannot make further comments on the qualifications of that candidate or elected representative after declaring the validity of the elections in the electoral district. According to this resolution, if new documents regarding the candidates reach this Council, these documents must be reviewed according to the internal regulations of the Parliament during the examination of the elected representatives' credentials. The Guardian Council has not commented on the new resolution from the Parliament. The interpretation plan of Clause 3 of Article 52 of the Parliament's Election Law was presented after a disagreement between the Guardian Council and the Ministry of Interior regarding the 'annulment' of Minou Khalighi's votes, which some representatives refer to as disqualification after the elections. On June 25, Ali Larijani, the Speaker of the Parliament, referred to the disagreement regarding Ms. Khalighi and stated that the Guardian Council cannot extend its oversight to after the elections. Meanwhile, Ayatollah Ahmad Jannati, the Secretary of the Guardian Council, stated on May 11 that this body can disqualify individuals even after the elections. Following the government's opposition to the 'annulment' of Minou Khalighi's votes and the insistence of both parties on their positions, the matter was referred to the dispute resolution body between the three branches, which ruled in favor of the Guardian Council. The issue of 'supervisory oversight' and the performance of the Guardian Council in reviewing the qualifications of candidates in all parliamentary and presidential election cycles has caused significant protests, yet this Council continues to disqualify many candidates in all election cycles. According to Article 99 of the Constitution, the Guardian Council is responsible for overseeing all elections except for council elections, and according to the interpretation provided by this Council of this article, this oversight is 'supervisory and includes all executive stages of elections, including the approval and disqualification of candidates.'