فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
The Constitutional Court decided to strip Abdessamad Khanani, elected for the Khouribga constituency (Khouribga region), of his membership in the House of Representatives.
The court called for partial elections to fill the vacant seat in accordance with the provisions of Article 91, paragraph 5 of the organizational law on the House of Representatives.
Full details of the Constitutional Court’s decision:
Kingdom of Morocco
Constitutional Court
File no: 286/24
Decision no: 242/24 F.B.
In the name of His Majesty the King and in accordance with the law
Constitutional Court.
Having examined the application registered at its General Secretariat on July 24, 2024, submitted by Messrs. Hicham Djakhal, Nabil El Hanadi and Khalil El Hijri, in their capacity as voters requesting that Mr. Abdessamad Khanani, elected in the Khouribga local electoral district (Khouribga Province) in the ballot held on September 8, 2021, be stripped of his status as a member of the Chamber of Deputies, following a decision No. 1/2031, issued by the Criminal Chamber of the Court of Cassation on December 27, 2023 2023, in file no. 2023/1/6/3142, rejecting the cassation request submitted by the Crown Prosecutor at the Casablanca Court of Appeal against the decision issued by the latter under file no. 1969, dated 17/10/2022, convicting him of serious negligence resulting in the misappropriation of public funds.
Having reviewed the documents presented and the other documents included in the file.Based on the Constitution, promulgated by Dahir No. 1.11.91 of 27 Shaaban 1432 (July 29, 2011).
Based on Organic Law No. 13.066 on the Constitutional Court, implemented by Dahir al-Sharif No. 139.14.1 dated 16 Shawwal 1435 (August 13, 2014).
Act No. 27.11 on the House of Representatives, promulgated by Dahir No. 1.11.165 (October 14, 2011), as amended and supplemented
Act No. 57.11 on general electoral lists, referendums and the use of public audiovisual media during electoral and referendum campaigns, promulgated by Dahir No. 1.11.171 of 30 Dhu’lqa’dah 1432 (October 28, 2011), as amended and supplemented.
Having heard the report of the rapporteur and having deliberated in accordance with the law.
WHEREAS, the application submitted to this Court in order to give it legal effects is issued by those who have an interest; and
WHEREAS, Article 11 of the Organizational Law on the House of Representatives provides that: “Any person who, during the term of his mandate, is found in one of the cases of ineligibility for election provided for in this Organizational Law shall be deprived by law of his status as a deputy. This disqualification shall be confirmed by the Constitutional Court … in the event of a judicial conviction after the election …”.
Whereas Article 6 of the aforementioned organizational law states in its third clause that: “Persons who have permanently violated one or more of the conditions required to be a voter shall not be eligible to run for membership in the House of Representatives.”
Whereas the provisions of Article 7 of the aforementioned Law No. 57.11 exclude, in item 2 (b), from inclusion in the electoral lists individuals who have been finally convicted of: “…a fine for…embezzlement of public funds…”; and
WHEREAS, the legislator’s objective in establishing the disqualification mechanism is to ensure an additional means of excluding any member of the parliamentary institution who, after the announcement of the election result and the expiration of the legal deadline for appeals, is found to be ineligible to be elected; and
Whereas it appears from the documents in the file that the person sought to be disqualified received a decision by the Criminal Chamber of the Court of Cassation, under number 1/2031 dated December 27, 2023, in file number 2023/1/6/3142, rejecting the cassation request submitted by the King’s Prosecutor at the Casablanca Court of Appeal, regarding the decision issued by the Appellate Criminal Chamber of this Court, under number 1969, in file number 22/2625/6 File No. 22/2625/618, dated 10/17/2022, which partially annulled the appealed criminal decision in its conviction and upheld it in the rest, with the amendment to reclassify the rest of the facts to a misdemeanor of serious negligence resulting in the misappropriation of public funds under Article 242 bis of the Criminal Code and set the penalty at three months suspended imprisonment and a fine of ten thousand dirhams (10. 000 dirhams), and to charge the convicted person with a fine of three months suspended imprisonment. (10,000), the convicted person should be charged with maintenance and compulsory restitution at the lowest level.
The conviction of a misdemeanor charge of serious negligence by a public official that caused damage to public funds, as stipulated in Article 242 bis of the Criminal Code, which states: “Any serious negligence by … a public official, resulting in the commission of one of the acts stipulated in Articles 241 and 242, by third parties, shall be punished by imprisonment from one to six months and a fine from two thousand to twenty thousand dirhams, or one of these two penalties.
The penalty shall be doubled if the value of the things wasted, embezzled, withheld or concealed exceeds one hundred thousand dirhams.”, falls within the cases of embezzlement, listed in Section III of Chapter III of Part I of Book III, entitled: “On embezzlement and treachery committed by public officials”, which makes the requested person concerned by the provisions of Article 7 of Law No. 11-57, referred to above.
Whereas, on the basis of the foregoing, the aforementioned criminal appeal decision is final and has the force of res judicata, which was confirmed by the Court of Cassation, in accordance with the aforementioned decision and the control certificate, obtained by the Constitutional Court, from the chief clerk of the Casablanca Court of Appeal, dated July 29, 2024, which proves that the applicant did not The person to be stripped of his membership in the House of Representatives, pursuant to the provisions of Article 11 of the above-mentioned Organizational Law, which disqualifies him from voting, and the seat he occupied shall be declared vacant and partial elections shall be held to fill this seat in accordance with the provisions of Article 91, paragraph 5, of the same Organizational Law.
For these reasons:
I. Declares that Mr. Abdessamad Khenani, elected for the Khouribga local electoral district (Khouribga region), be stripped of his membership of the Chamber of Deputies and that a partial election be held to fill the vacant seat in accordance with the provisions of article 91, paragraph 5, of the organizational law relating to the Chamber of Deputies.
II – Orders that a copy of this decision be communicated to the Head of Government, the Speaker of the House of Representatives and the party concerned, and that it be published in the Official Gazette.
Issued at the headquarters of the Constitutional Court in Rabat on this 2nd day of Safar 1446
(August 7, 2024)
Signatures
Mohamed Amine Benabdallah
Abdel Ahad Dakkak Mohamed Ben Abdel Sadiq Mohamed Ansari
Latifa El-Khal El-Hussein Abouchi Mohamed Alami Khaled Bergaoui
Najib Abba Mohamed Mohamed Kasri Mohamed Ledidi
Source : Fes News Media
