An administrative court in Alexandria on Sunday upheld a decision barring former MP Haitham Elhariri from running in Egypt’s upcoming parliamentary elections, rejecting his legal challenge and confirming his disqualification on military service grounds.
The court sided with the National Election Authority’s decision to exclude Elhariri from standing in the Moharram Bek constituency as an independent candidate, citing his “exemption by exception” from mandatory military service—a category distinct from formal exemption under the law.
Elhariri had submitted his candidacy under the banner of the Socialist Popular Alliance Party on 8 October with all required documents, which were initially accepted by the NEA without objection.
Responding to the ruling, Elhariri posted on Facebook “see you Wednesday at the High Administrative Court,” signaling his intent to appeal.
The hearing, which began at 11 am, stretched over eight hours, during which the court heard arguments from both sides before issuing its verdict.
The court dismissed a memorandum submitted by Elhariri's legal team arguing that the NEA's decision constituted “political discrimination” and an “abuse of power.” The document contended that the same documents had been accepted by the NEA in both the 2015 and 2020 elections.
In response to the State Lawsuits Authority's claim that Elhariri failed to prove completion of military service, the defense pointed to an “exception certificate,” issued by the Ministry of Defense and accepted in previous elections.
They argued that the current rejection represented a “misinterpretation of an unambiguous legal provision.”
A recent administrative court ruling drew a clear legal distinction between a military service exemption, granted for objective reasons like health or being an only child, and a discretionary exception, issued by the defense minister for national security concerns.
The court found that Haitham Elhariri fell under the latter category, making him ineligible to run for office. Lawyer Khaled Ali disputed this, arguing that Hariri had no control over the decision, which was based on his father’s political stance, not his own actions.
Abul Ezz Elhariri was a prominent Egyptian socialist and opposition figure known for his unwavering advocacy for workers’ rights and social justice. A founding member of the Socialist Popular Alliance Party, Elhariri began his political career as Egypt’s youngest member of parliament in 1976 and later ran for president in the 2012 elections. Throughout his decades-long career, he remained a vocal critic of government corruption, earning both admiration and scrutiny from the state.
Elhariri's legal team added that the exemption was issued by the then-defense minister—a practice they described as “customary” for sons of political figures and opposition voices under the Mubarak regime.
The exclusion came as a surprise, wrote Elhariri, noting that no prior objections were raised before his name was omitted from the preliminary candidate lists.
The memo further argued that Elhariri had never “aligned with the Muslim Brotherhood during their rule”, and that he is now “punished by policies long buried with a bygone era.”
Key legal arguments focused on alleged constitutional violations—particularly Article 53, which prohibits discrimination based on political affiliation. The defense maintained that the use of El-Hariri’s military exemption as grounds for disqualification reinforced that same political discrimination.
The NEA was also accused of violating electoral law, which permits candidacy for those who completed military service, were exempted, or evaded it. The lawyers contended that “exception” status is legally equivalent to “exemption,” and that the NEA overstepped its authority by creating an invalid category for exclusion.
Citing established rulings by Egypt's State Council, the defense argued that authorities cannot revoke prior decisions that created legal rights—making the current exclusion unlawful.
Candidate registration closed on Wednesday with 2,826 independents filing to run, alongside four official party lists: For Egypt, The Generation, Your Voice for Egypt, and Egypt's Call, according to the NEA.
Voting will take place in two phases: abroad on 7–8 November, and domestically on 10–11 November. Final results are expected by late December.
The House of Representatives consists of 568 elected members, 284 by individual races and 284 by party lists. The president may appoint up to 5% (28 members), for a total of 596.
