A court here has upheld an appeal from a losing candidate to challenge last month’s Jeddah Chamber of Commerce and Industry (JCCI) elections because of alleged irregularities, which could see the organization’s new board dissolved.
The crisis follows the decision of the Fifth Circuit of the Court of Grievances in Jeddah to uphold the appeal. The board was elected for the period 2014 to 2018 in a hotly contested poll.
“The Fifth Circuit issued a verdict canceling the order of the Ministry of Commerce and Industry not to admit the appeal of a defeated candidate challenging the success of his rival in the elections to the JCCI’s 21st board of directors,” said Bandar Al-Faleh, spokesman of the Court of Grievances.
However, the verdict is not final because the Commerce Ministry has the right to appeal.
Mazen Batterjee, deputy chairman of the JCCI, had said after the elections last month that some losing candidates had challenged the results and alleged that several of the winning candidates had violated the rules.
“Their appeals in the court focused on three winners. They also challenged certain measures and decisions issued by the Ministry of Commerce and Industry following the announcement of the results,” Batterjee said.
“The ministry is currently studying the court verdict,” a source at the ministry said, adding that this was the first time the JCCI election result had been challenged in court.
Another candidate Bassam Akhdar said he asked the Court of Grievances to cancel the order No. 128/1/2/265 dated Jan. 12 this year of the minister of commerce and industry to constitute the new board of directors with the 12 members who received the highest number of votes and six nominated members.
Akhdar said another defeated member Fatin Bundagji also filed an appeal to cancel the ministry’s decision, and for it to remove the members who allegedly violated the election rules by allowing companies to authorize someone to vote on their behalf.
Only a company’s member, chairman of its board of directors, chief executive officer, or a duly authorized person could vote in the elections. In addition, any person delegated to do so has to be a Saudi and attested by the JCCI.
Legal adviser Ehab Al-Muslmani said a final court verdict could see the present board dissolved and the JCCI’s secretariat take over the administration.
Under these circumstances, the minister has various options including removing the members who violated the rules and appointing those who received the second-highest number of votes; or call for a re-election under strict rules that would close any loopholes.
He said the verdict would only be final if the ministry does not appeal. If it does so, the Court of Appeal would review the case.
The Court of Grievances is currently examining several appeals against the election results made by defeated candidates, he said.
In a related development, the owner of a private company has complained to the minister that he could not exercise his voting rights because an unauthorized person had done so on behalf of the company.
JCCI poll results face threat of annulment



