By the court ruling of the State Council.. canceling the generality of the stars and obliging the minister to authorize the Base Council to draw up a draft decision
The Egyptian judiciary has been fair to the Board of Directors of the Stars Club in Sadat City, Menoufia Governorate, headed by Tamer Baz, against the oppression, intransigence and exploitation of the position and influence they have been exposed to since the election of the Board of Directors on 4/2/2022, until now, and the intransigence and abuse of power and influence did not stop when the elected board of directors was not recognized. Instead, the “rogue” interim committee, headed by Muhammad Abbas, director of the Sadat Youth and Sports District, called for a regular general assembly and the election of a new board of directors on 12/2/2022, in order to miss the opportunity for the elected council to acquire its rights to take over management of the club, with the presence of a new legal center after the elections in the Holding, in which it is impossible to hand over Tamer Baza and his board of directors to manage the club, but all the intrigues and plans carried out by the holders of the sports work, in order to return the rights to their owners, have failed with the word of truth of the honest Egyptian judiciary, where
The Administrative Court of the State Council, forty-sixth district, Menoufia, issued a draft of the reasons and sentences of the judgment passed at the session on 11/30/2022. in case no. 12198 from the year 24 BC. Kr. filed by Rami Farag Abdel-Badi Ali, a member of the board of directors of the club, against the Governor of Menoufia (in his capacity) and the Minister of Youth and Sports (in his capacity) and the first undersecretary of the Ministry of Youth and Sports in Menoufia (in his capacity), his judgment
By respecting the case in the form and suspending the execution of the contested decision with consequential effects, as stated in the reasons, and by obliging the administrative body to pay the costs of the urgent part, and ordered the court to implement the decision in its draft without notice, and to refer the case to the Body of the State Commissioner for the preparation of a report with a legal opinion in the request for annulment.
The Board of Directors of the Stars Club in Sadat City, Governor Menoufia, held a regular general assembly on Friday, corresponding to February 4, 2022, which was overseen by the Administrative and Legal Committee of the Egyptian Olympic Committee, which has the inherent right to oversee general assemblies and with full judicial oversight , but the Directorate for Youth and Sports refused to approve the result. Which resulted in the convincing victory of Tamer Baza’s list, and on 29/03/2022, the Sadat District for Youth and Sports in Menoufia, headed by Muhammad Abbas, made a decision to establish an administrative committee of employees associated with the management of the club headed by Muhammad Abbas , without evidence of handover and reception, or making any decisions regarding the The elected council was headed by Tamer Baza, but the committee forcibly entered the club and illegally confiscated all documentation, files and books, which is why Tamer Baza and his members list went to the police station to file reports against the members of the administrative body, at the same time Tamer Baza filed a complaint with the Ministry of Youth and Sports From the decision, filing another complaint with the Olympic Committee, followed by filing a lawsuit with the Settlement and Arbitration Center, which was decided at the session on 22 3. by urgent procedure. part of the dispute. Arbitration no. 14 of 6. Q for the year 2022, which urgently decided, first in the urgent part of the arbitration dispute, to stop the implementation of the defendant’s negative decision against him in the capacity of not approving the result of the Stars Club Board of Directors in Sadat in Menoufia Governorate in the 2021/2025 election cycle, which was held on 4/2/2022 With the consequences of that, on a temporary basis until the substantive part of the arbitration, the dispute is resolved, secondly, in the material part of the arbitration dispute by referring it to the competent material arbitration court for resolution after its formation.
At the session of December 6, 2022, the court decided to accept the lawsuit in form and substance, by annulling the negative decision of the Egyptian Olympic Committee to refrain from confirming the results of the election of the Board of Directors of Zvijezda in Sadat in Menoufia Governorate for the session 2021/2025, which is held on February 4, 2022, with the consequences of that, most of all the obligation to pass a decision approving that result, while the defendant is bound against it, based on the validity of all procedures related to the convening of the Club’s General Assembly before the court prescribed by the Club’s Statute and the consent of the Olympic Committee, and the establishment of a judicial commission for the supervision of the General Assembly of the Club, and then the Olympic Committee that approves the election result Temporarily, in the implementation of the decision of the Advisory Committee of the Egyptian Center for Sports Settlement and Arbitration at the session of 22.3.2022, which is the case on which the lawsuit is based on the reasons in accordance with the correct law.
And on 19.7.2022, the president of the Olympic Committee (in his capacity) filed an appeal against the substantive decision in this appeal according to the newspaper registered in the Sports Village and Arbitration Center and published an appeal against him in accordance with the text of Article 7 of the Center’s Statute, on in his conclusion, he requested that first the appeal be accepted in form, secondly, that the challenged judgment be annulled in the case and the arbitration committee again decide not to accept it, but the court decided to accept the appeal in form and substance by rejecting it and confirming the contested judgment, and obliged the appellant in his capacity to pay the costs and fees of the arbitration,
And the president of the club turned to the Ministry of Youth and Sports and the Olympic Committee in order to implement the final appeal verdict on the surrender of the club, but the ministry confirmed that it turned to the Committee for Fatwas and Legislation of the State Council for a statement on the legal opinion on whether the decision will be implemented or not. and therefore Dr. Ashraf Sobhi, Minister of Youth and Sports, submitted to this administration by letter no. (854). +e) on 6/15 in connection with the request for the expression of a legal opinion regarding the implementation of the decision of the Egyptian Olympic Committee issued on 21.3.2022. approving the results of the election of the Board of Directors of the Al-Nujoom Sports Club in the city of Sadat, Menoufia Governorate, and the validity of the meeting, and the minister received a reply in letter no. 38/kh On 10/30/2022, the Fatwas and Legislation Committee of the State Council responded that the decision of the Egyptian Olympic Committee issued on 3/21/2022 should be implemented. to approve the results of the Stars Club Board of Directors elections in Sadat City, Menoufia Governorate, pending the issuance of the decision of the substantive arbitration panel at the Egyptian Sports Center for Settlement and Arbitration. In the substantive part of the arbitration dispute registered under no. 14 of 6 Q for the year 2022, as stated in the reasons for the fatwa.
And this answer remained trapped in the ministry after the temporary commission announced that new elections will be held due to non-recognition of the elected Tamer Baz Council on Friday 4 February 2022, and the holding of a regular general assembly on Friday 2 December 2022. , and the ministry froze the implementation of what was stated in the letter of the Committee for Fatwas and Legislation in the State Council, so that the Council changes its legal status, and becomes an elected board of directors, and therefore there is an impossibility of implementing the final verdict received by Tamer Baza, which implemented the fatwa of the Council of State, but Rami Faraj Abdel Badie, a member of the Council, hastened to file a lawsuit no. 12198 against the aforementioned trio previously,
And after inspecting the papers, and his request in the lawsuit that the lawsuit be accepted in its form and that the execution be suspended, and then annul the challenged negative decision of the Management Board on giving up the announcement of the invalidity of the lawsuit, the General Assembly of the Stars club in the city of Sadat to meet for the election of a new of the board of directors of the club, which is scheduled for 12/2, with its consequences. The effects and the obligation of the administrative authority to spend.
And as the administrative body, within the limits of its competence, undertakes to enable the sports bodies to carry out their work in order to achieve the purpose of establishment, it is necessary and binding on their commitment to remove all material or legal obstacles that threaten the achievement of the purpose of their existence, and then the competent administrative body initiated the action. It is necessary to announce the execution of the decision of the General Assembly of the Al-Nujoom sports club in the city of Sadat, held on February 4, 2022, to elect a new Board of Directors of the Club, but the administrative authority refrained from doing so and even passed several consecutive decisions on the establishment of a temporary committee for managing the affairs of the club, which required the convening of the Association. The assembly of the said club on December 2, 2022, to elect a new Board of Directors of the Club, without the involvement of the governing body by making a decision to invalidate that call, and then abstaining from it, and the situation is like this, represents a negative decision against the law according to the appearance of the paper, and it becomes likely that it will be canceled when considering the matter with the available elements. The seriousness of the request and its implementation.