The court rules that single people can become mayors in Iran.
J.Nouraei & M. Mostafavi Law Offices – 19 July 2025-Tehran –The Iranian Council of Ministers (Cabinet), through Resolution number H59046 T-238498 dated 23/12/1401 (14 March 2023), had determined that being married is one of the conditions for holding the position of mayor. However, based on the complaint of two Iranian citizens, the Administrative Court of Justice, which is responsible for annulling unlawful resolutions made by the government and public establishments, has declared in its decision number 378104 dated 16/02/1404 (6 May 2025) that the aforesaid condition was contrary to the law. The court’s ruling was published in the Official Gazette, No. 23384, dated 21/4/1404 (12 July 2025). The text of this ruling is as follows:
“According to Article 28 of the Constitution of the Islamic Republic of Iran, everyone has the right to choose a job that they desire provided it is not contrary to Islam, public interests, and the rights of others, and the government, while respecting the society’s need for various jobs, is obliged to create employment opportunities and equal conditions for all individuals, and according to Clause 9 of Article 3 of the Constitution of the Islamic Republic of Iran, the government is obliged to use all its resources to eliminate unjustified discrimination and create fair opportunities for everyone in all material and spiritual fields in order to achieve the goals as mentioned in Article 2.
In view of the above, and considering that, based on paragraph (h) of section 2 of Resolution H59046 T-238498 dated 23/12/1401 (14 March 2023 ), the Council of Ministers has restricted the right of individuals to enjoy a job without the ruling and approval of the legislator, and it is a cause of unjustified discrimination and at the same time interference in legislative matters, therefore, the complained clause regarding the requirement of marriage for holding the position of mayor is against the law and beyond the scope of authority and is annulled based on Clause 1 of Article 12 and Article 88 of the Administrative Court of Justice Law passed in 1392. This decision is valid and a standard of action, based on Article 93 of the Administrative Court of Justice Law (amended and passed on 10/02/1402= 30 April 2023) in the consideration and decision-making of judicial and administrative authorities.
Chairman of the General Board of the Administrative Court of Justice – Ahmad Reza Abedi
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