Former Wafd MP, Mohamed El-Omda, filed a lawsuit to the Supreme Administrative Court against President Mubarak, in his capacity as the leader of the National Democratic Party (NDP), chief judge of the Supreme Constitutional Court (SCC), chairman of the Presidential Elections Committee (PEC), Prime Minister and the Interior Minister, demanding that the upcoming presidential election be suspended.
In his petition before the court, El-Omda said: "Unfortunately, the Egyptian people will not be able to choose their next president under the unconstitutional Law No. 174 from the year 2005 on regulating the presidential elections."
"Since 1952 until now, the Egyptian citizen has been deprived of the election of his own leader and his own representatives, whether in trade unions, the People's Assembly, the Shura Council and local councils," he said.
The Egyptian citizen needs the court to abolish the forthcoming presidential elections, considering that the post of the Supreme Constitutional Court's head is also unconstitutional for its members because he Article 5 of Law No. 174 for the year 2005 on regulating the Presidential Elections provides that the PEC shall be composed of the head of the Supreme Constitutional Court as chairmanship. This is contrary to Article 174 of the Egyptian Constitution, which states that the SCC is an independent judicial authority and alone, is responsible for censoring the constitutionality of laws and regulations.