Verhaar v. Ardajan

Verhaar v Ardajan (full title: Verhaar vs the People of Ardajan) is a Ardajani Regional Court case from March 13th until March 25th 2021) in which the Court ruled that Kevin Verhaar, Premier of Ardajan, had no right to appoint the Ardajani representative from the membership of the Supreme Council of Ardajan to the Hasani parliament. the court re-afirmed that federal elections were beyond the jurisdiction of local Ardajani government. and that the, court deemed it unconstitutional, emphasizing that each Hasani region elects its representative through popular vote, This case is the only known case in Hasanistan and is also infamous for the fact that even though Hasanistan had no supreme court. the Ardajani Regional Court which was dominated by Verhaar's appointed judges ruled in favor of the Hasani government.

Background

2021 Ardajani by-election

March 12, 2021 (2021-03-12)
Electoral District of Ardajan
First party   Candidate Diyan Asenov Party Independent Popular vote 2 Percentage 40%
MP before election Shady Morsi Ardajan Democratic Party Elected MP Election invalidated (Verhaar v. Ardajan) Shady Morsi remains as MP

Kevin Verhaar sought to implement a legislative change to alter the system of electing the Ardajani deputy from direct to indirect elections. This move followed the disastrous results for the Ardajani Democratic Party (ADP) in the 2021 Ardajani general election, which heightened concerns about the potential election of a Yeni Ardajan candidate to parliament. in the next Hasani elections In response, Verhaar's governing coalition introduced a bill to conduct indirect elections, which successfully passed in 2021 by a vote of 2 to 1 with Diyan Asenov a MP who defeated Shady Morsi in Enylik as its first representative. Notably, Morsi was absent for the vote, and Yeni Ardajan opposed the measure. Consequently, Asenov was elected as the MP-Designate to represent Ardajan at the Supreme Council of Hasanistan. and was supposed to be inagurated on March 20, 2021

In reaction to these developments, Yeni Ardajan and Morsi announced their intention to contest the new electoral process, by appealing to the Regional Court of Ardajan (Now the Superior Court of Ardajan)

Decision

Oral arguments started on March 19th 2021, One day before Asenov would be inargurated. Verhaar contended that Ardajanis would be more effectively represented in Batyr due to its nonpartisan political environment and since that it was elected by a body that was elected by the most Ardajan. In contrast, Yeni Ardajan asserted that its unconstitutional,that each Hasani region elects its representative through popular vote, deeming both the law and the subsequent election unconstitutional. Morsi similarly argued that the matter fell outside the jurisdiction of local government. and that it was "Up to Batyr to decide"

Hasanistan however had no supreme court at the time and so the case was in a limbo