The argument of those canceling the extraordinary general assembly is that due to the absence of the head of the organization in the current situation, the assembly cannot be held, therefore, the laws should be reviewed and issued a defense.
Interpretation of the law is an important category in any legal system, because the legislator, despite a lot of effort, is not able to master all the issues involved in the implementation of the law, in this regard, Article 73 of the Constitution stipulates:
Explanation and interpretation of ordinary laws is within the jurisdiction of the Islamic Council. The provisions of this principle do not prevent the interpretation of the laws by the judges, in their position of justice.
In the legal system of the Islamic Republic of Iran, the Guardian Council, which according to Article 98 of the Constitution is responsible for the official interpretation of the Constitution, in response to the inquiry of the Speaker of the Islamic Council and in the role of interpretation of Article 73 of the Constitution, the competence of the Parliament is only to remove ambiguity and The expression of the legislator’s intention (the statement of the intention of the legislator) has been put in a special meaning, which apparently includes only the principles of the school of intentionalism, and he has considered the development or narrowing of the law in a way that is outside the scope of ambiguity resolution, as a violation of the provisions of the aforementioned principle.
Therefore, considering the above points, interpretation is very different from legislation and tampering with the law, and the legal system has dealt with this issue with special obsession.
In the article 5 of the policy, it is mentioned that in the first round of the general assembly, the head of the organization is obliged to announce the number of participants to the senior committee.
Also, in Article 7 of the style sheet, the inviter is introduced to the meeting of the members of the board of directors, and it is also emphasized that after the publication of the invitation to the general meeting, the inviter has the right to change the time, place of the meeting agenda, and the priority and delay in it after the publication. The ad does not have invitations and announcements!
Also, the role of the board of directors has been clearly mentioned in several clauses of the engineering system law and its executive regulations. For example, in article 75 of the executive regulations, which emphasizes: the representation and administration of the engineering system of the province is with the board of directors!
It is worth noting that the first round of the general meeting has been convened and the minutes have been written, and it is quite clear that the second round of the general meeting will be formalized with the participation of any number of members.
According to the writer, firstly, the abolitionists of the assembly are not in the position of interpreting the law, and secondly, if they were in that position, this type of interpretation is completely wrong and against the law.
This post is written by Adel_Ruhbakhsh