Disqualification on election night has no legal effect:
1. In terms of the Executive Regulations of the Engineering and Building Control System Law, disqualification of candidates has a different mechanism than license suspension; As much as the suspension of people’s licenses based on Clause (c) of Article (23) is pointless and lacks a clear mechanism, the disqualification of candidates follows a special legal process, which is described in Article 66 of the Executive Regulations of the Engineering and Building Control System Law. It is detailed
2. According to Article 66 of the Executive Regulations of the Engineering and Building Control System Law:
The executive board of the election is obliged to submit the inquiry and results to the executive board within one week from the end of the registration deadline to meet the requirements of the candidates from the General Departments of Information and Justice and the police force of the province and the police council of the province. The executive board is obliged to take a decision and announce the result to the “monitoring body” and the applicant within one month from the mentioned date, regardless of whether the answers to the inquiries have been received or not.
People whose eligibility has been rejected can submit their complaint in writing to the “Monitoring Department” within 3 days from the date of receipt and receive a receipt. The “Monitoring Unit” is obliged to deal with the complaints received within one week and to announce its definitive opinion on the qualifications of the complainants and other candidates to the Election Executive Board.
After the approval of the final list of candidates by the “Monitoring Device”, the election executive committee will reproduce and distribute the mentioned list in sufficient numbers, at least two weeks before the day of voting, it will be advertised in a local newspaper or a mass-published newspaper or, if necessary, in other media. Necessarily informs the members.
3. In yesterday’s action of the Ministry of Roads and Urban Development to remove some candidates from the final list, none of the above legal procedures were followed and it seems that the responsible officials in the Ministry of Roads and Urban Development are either not familiar with the laws or have their own personal rules.
4. In any case, it seems that Road and Urban Development, in its recent action, has confused the issue of disqualification of people with the issue of license suspension and has suffered a clear violation of the executive regulations of the law. to be held on Mehr 26, it has no legal basis.
Mehdi Barzegar
26 Mehr 1400
Think Tank of Iranian Civil Engineers (MESA)
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