Research paper entitled: "The Jurisdiction of Ordinary Courts concerning Municipal Council Electoral Appeals: Libya as a Model"

Abstract

This research aims to demonstrate the role of the ordinary judiciary in protecting the electoral process for municipal councils, through adjudicating disputes and appeals related to it, given its significant and effective role in achieving local development and enhancing electoral participation.

Municipal election appeals are the practical legal procedures through which interested parties and those with standing can review decisions and procedures related to municipal council elections for correction in the event of a dispute. In Libya, these appeals are subject to strict timeframes

 and are subject to the ordinary judiciary to decide them with a final ruling as quickly as possible. The judge of the district court within whose territorial jurisdiction the electoral district is located has the right to examine the relevant procedures and facts, and his authority to consider is not limited to the formal aspect only. As a result of the above, and since the deadlines for considering electoral appeals are short, we urge the Commission Council to reorganize them with specific periods not exceeding a total of thirty days, and not less than seven days in a single procedure, especially since this type of dispute may require the appointment of an expert to clarify and explain some information and multiple sessions. In order to combine speed and accuracy, and so that the rulings issued in these appeals are sound, we recommend that the Libyan legislator establish a special judicial circuit in each primary court with three judges to adjudicate these appeals in order to ensure accuracy in them, especially since the combination of multiple expertise leads to a sound and rational ruling, and eliminates the possibility of error, as a result of thorough discussion and consideration of viewpoints.