The legal issue of Mohammad Baqer Qalibaf's potential candidacy for the upcoming presidential election.

Question?

Is Mohammad Baqer Qalibaf’s candidacy for the presidential elections possible if he is the Speaker of the Parliament or a member of the current presidential board, according to Article 131 of the Constitution?

According to Article 131 of the Constitution, in the event of the death, dismissal, resignation, absence, or illness for more than two months of the President, a council composed of the Speaker of the Parliament, the Chief Justice, and the First Vice President is obliged to arrange for the election of a new President within a maximum of fifty days.

It seems that if there are indications for Mohammad Baqer Qalibaf’s candidacy, there will likely be a need for a legal interpretation by the Guardian Council regarding this article.

Based on this article, the council is responsible for conducting elections. One interpretation is that if the framers of the Constitution had a different opinion, they would have designated the Minister of Interior or only the First Vice President as responsible for conducting the elections. Apparently, according to the Constitution, due to the absence of a head of state and the diminished legitimacy of ministers and deputy officials, this responsibility has fallen on the aforementioned council.

According to Article 31 of the amended Presidential Election Law (as of 2012), it specifies that under normal circumstances, the Ministry of Interior is the executor of presidential elections and acts under the supervision of the Central Executive Committee of Elections composed of designated members.

Additionally, according to Article 37 (amended as of 2015), all individuals with direct responsibility in the presidential elections, whether in execution or supervision, can only run as candidates if they resign from their position before registering and are not currently holding that position.

Considering what has been mentioned, it may be that the Speaker of the Parliament cannot run for the presidency if the presidential elections are conducted according to Article 131 unless he resigns from the presidency of the Parliament. However, it is possible that under normal circumstances and without the application of Article 131, there is no prohibition for Qalibaf to enter the electoral arena.

To put it more clearly, as derived from Article 131 and the mentioned articles, the legislator has exceptionally delegated the position and status of the election executor in this sensitive situation to the aforementioned council, which consists of the First Vice President, the Speaker of the Parliament, and the Chief Justice. In the event of any member of this council running for office, a conflict of interest arises due to their involvement, which could undermine the integrity of the elections.

Now, we must see:

Firstly: Will the Ayatollah provide a hint or permission for Mohammad Baqer Qalibaf’s participation?

Secondly: Will Mohammad Baqer Qalibaf run for the speakership of the Parliament?

Thirdly: What interpretation will the Guardian Council have regarding this issue? Of course, if there is a direct indication, the possible interpretation by the Guardian Council will yield clear results