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DECISION
of the Central Election Commission
of the Republic
of Azerbaijan
on the results
of By-Elections conducted to Milli Majlis of the
Republic of Azerbaijan on October 19, 2004
By-elections to Milli
Majlis of the Republic of Azerbaijan on Nizami
first Con. EC # 24, Sabail Con.EC # 29, Khanlar-Dashkasan
Con.EC # 101 dated on October 19, 2004 were prepared
and conducted on the basis of Calendar Plan made
by the Central Election Commission.
Seminars, seminar-conferences and seminar-trainings
for the members of Constituency and Precinct Election
Commissions were conducted with the purpose of
organizing of elections in accordance with the
requirements of Election Code. Having been prepared
and discussed, a lot of instructions and comments
were adopted in the session of the Central Election
Commission and provided to the members of the
election commission having been printed in the
Mass Media in the form of special books. Members
of the Central Election Commission, officials
of CEC Secretariat visited constituencies and
precincts and gave necessary methodogical assistance.
In the result of checking protocols of relevant
Con.ECs and other mentioned documents by CEC on
the basis of informations entered on the Election
Day and after it, as well as requirement of the
Election Code of the Republic of Azerbaijan it
was defined that elections were conducted in accordance
with the requirements of the legislation of the
Republic of Azerbaijan ,and voting in the precincts
began and proceeded at the time defined by law
and voting finished as soon as votes have been
counted.
Though activities have been taken, according to
the information of the local and international
observers and members of the Central Election
Commission serious shortcomings and law violations
have been made in some precincts during the conduct
of elections, in general on the voting day.
In the precincts # 2, 20, 21 and 26 of Nizami
first Con.EC # 24 and precincts # 2, 4, 8 and
20 of Sabail Con.EC # 29 rough law violations
have been made, even in the precinct #2 of Sabail
Con.EC # 29 right of voters to participate in
the elections have been violated by the relevant
commission. In spite of the information by the
Precinct Election Commission (PEC) and relevant
Con.ECs, not any legal practical measures have
been made to prevent such cases and avoid undesirable
results.
Central Election Commission of the Republic of
Azerbaijan decides pursuant to the above- mentioned
and Articles 23.2, 25.2.22, 28.4, 114.4, 177.1-171.2
of the Election Code of the Republic of Azerbaijan,
as well as Articles 3.5 and 3.6 of the Law on
the approval and coming into force of the Election
Code of the Republic of Azerbaijan:
1. The results of the elections on the precincts
# 2, 20, 21 and 26 of Nizami first Con.EC # 24
and precincts # 2, 4, 8 and 20 of Sabail Con.EC
# 29 shall be annulated by being considered invalid
related to the by-elections to Milli Majlis of
the Republic of Azerbaijan on October 19, 2004.
2. Pursuant to the Article 23.2 of the Election
Code of the Republic of Azerbaijan, that election
commission shall be missed for the violation of
the right of voters to participate in the election
by the PEC of the precinct # 2 of Sabail Con.EC
# 29 and for considering the results of the election
in this precinct invalid by CEC.
3. Pursuant to the Article 25.2.22 of the Election
Code of the Republic of Azerbaijan, the attitude
shall be expressed to that question by the relevant
election commission for the determination of incompatibility
of their positions of the chairmen of Nizami first
Con.EC # 24 and Sabail Con.EC # 29.
4. The protocols of the Nizami Con.EC # 24, Sabail
Con.EC # 29 and Khanlar-Dashkasan Con.EC # 101
shall be submitted to the Constitutional Court
of the Republic of Azerbaijan together with the
documents attached to them for checking and submission
of the results of the by-elections to Milli Majlis
of the Republic of Azerbaijan conducted on October
19, 2004 pursuant to Articles 171.1 and 171.2
of the Election Code of the Republic of Azerbaijan.
CEC Chairman Mazahir Panahov
CEC Deputy Chairperson Svetlana Gasimova
CEC Secretary Natig Mammadov
Commissioners: Fuad Javadov
Ramiz Ibrahimov
Valida Kazimova
Gabil Orujov
Asif Mahmudov
Anvar Aliyev
Xanmurad Ahmadov
Azer Taghiyev Ilham Mammadov
Asaf Aliyev
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