OPINION

of Mr. Emin Guliyev, Member of Expert Group under Central Election Commission of the Republic of Azerbaijan established with the aim of investigating the complaints of actions (inactions) and decisions that violate citizens’ suffrage on investigating the appeal # 28, dated on 21 November 2009  by Tunzale Aladdin gizi Maharramova nominated on her own initiative to the municipality membership on Nizami II (Ganja) Con.EC # 38 related with Municipal Elections appointed to 23 December 2009

Baku city                                                                     27 November 2009, At 15.00

On November 21, 2009, Tunzale Aladdin gizi Maharramova nominated to the municipality membership on Nizami II (Ganja) Con.EC # 38 related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that as she submitted the documents required for the registration late, the above-mentioned Con.EC did not consider them and therefore she asked for registering her candidacy.
As the appeal had been legally compiled pursuant to Election Code and “Instruction on the rules for submitting complaints and appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them” and submitted in the defined period, it was adopted to investigation.
It was determined at the result of investigation that the candidate submitted the documents to the Con.EC after the period implied by Article 58.1 of Election Code of the Republic of Azerbaijan, i.e. on 13 November, at 18.40. Pursuant to Article 58.4 of this Code, after the deadline implied, the submitted documents shall not be received.
Therefore,  the relevant decision of Nizami II (Ganja) Con.EC # 38 on not considering the documents for the registration submitted to the Con.EC by T.A.Maharramova nominated on her own initiative is legal and grounded.
Pursuant to Articles 19.4, 28.2, 112, 112-1 of Election Code of the Republic of Azerbaijan and items # 1, 2, 4 and 6, 7 of Instruction “on the rules for submitting complaints and appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them”, I came to conclusion:

The opinion shall be published within 24 hours since its adoption (it shall be located on the web site of the Central Election Commission) and its copy shall be sent to the complainer.

Member of Expert Group under
Central Election Commission
of the Republic of Azerbaijan                                            Irade Hajiyeva