Parliament Delegates Decision on Interpretation of Election Law to the Expediency Council

On Sunday, March 13, members of the Islamic Consultative Assembly reiterated their previous resolution regarding the impossibility of disqualifying candidates for parliamentary elections after the Guardian Council's final opinion, and this resolution was sent to the Expediency Council. According to the House of Representatives news agency, during the public session on Sunday, representatives insisted on their previous opinion while reviewing the interpretation of Clause 4 of Article 52 of the Election Law, which was returned by the Guardian Council, and with 137 votes in favor, 30 against, and 8 abstentions out of a total of 228 representatives present, it was referred to the Expediency Council. This interpretation was raised in response to the disqualification of Minou Khalighi, a candidate elected from Isfahan to the parliament, whose qualification was rejected by the Guardian Council after the elections, preventing her from entering the 10th parliament. The interpretation asked: "Can the Guardian Council disqualify the elected candidate after announcing the validity of the elections in the relevant constituency and thus invalidate their votes?" In response, the members of the Islamic Consultative Assembly approved: "No, after the final and definitive opinion of the Guardian Council within the 20-day period... this council cannot make another opinion regarding the qualification of that candidate or elected individual, and if new documents regarding them have reached the council, these documents will be reviewed according to Article 30 of the Internal Regulations of the Islamic Consultative Assembly during the examination of the credentials of the elected individuals." Previously, the parliament had voted positively on this interpretation on October 17. However, the Guardian Council deemed this interpretation contrary to Article 99 of the Constitution and stated that regardless of the mismatch between the question and the answer of the interpretation, the previous objections of this council still stand and are contrary to Article 99 of the Constitution and its interpretative theory. Nevertheless, on January 30, the parliament again approved an interpretation, deeming the disqualification of those elected to the parliament after the announcement of the validity of elections by the Guardian Council as illegal. According to ISNA news agency, members of the parliament stated in this decision that the Guardian Council cannot make another opinion regarding the qualification of a candidate or elected member of parliament. They also stated that if new documents regarding a candidate's qualification have reached the Guardian Council, these documents must be reviewed during the examination of the credentials of the elected individuals. Subsequently, Ali Motahari, the Deputy Speaker of the Parliament, on February 1, requested that the parliament's resolution regarding the prohibition of disqualifying elected individuals after the elections be sent to the Expediency Council, and if the council agrees with this resolution, Minou Khalighi, the third elected from Isfahan, will enter the parliament. Mr. Motahari told ISNA that the parliament's insistence on its resolution, despite being rejected twice by the Guardian Council, means that this resolution must be sent to the Expediency Council for a final ruling. In the meantime, Abbasali Kadkhodai, the spokesperson for the Guardian Council, stated on the 7th that this council once again considered the parliament's interpretation of an electoral clause as "flawed" and rejected it. The issue of "supervisory oversight" and the performance of the Guardian Council in reviewing the qualifications of candidates in all parliamentary and presidential elections has caused significant protests, yet this council continues to disqualify many candidates in all election periods. According to Article 99 of the Constitution, the Guardian Council is responsible for overseeing all elections except for council elections, and based on 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."