OPINION
Baku
November 19, 2009, 16:30
On the appeal submitted by Makarov Mahammadali Mutalib,
nominated his candidacy in Zaqatala municipality of Zaqatala-Balaken constituency # 111, and investigated by Irada Hajiyeva, member of the Expert Group established within the Central Election Commission of the Republic of Azerbaijan with the aim of investigation of complaints on actions (inactions) and decisions violating citizens’ suffrage and related to the municipal elections appointed to December 23, 2009
On November 23, 2009, a nominated candidate to the membership in Zaqatala municipality of Zaqatala-Balaken constituency # 111 Makarov Mahammadali Mutalib, applied to the Central Election Commission of the Republic of Azerbaijan with a written appeal, related to municipal elections appointed to December 23, 2009, stating that the ConEC mentioned above illegally refused to register him as a candidate and requested to undertake appropriate measures defined by law.
As the appeal was compiled in accordance with Election Code of the Republic of Azerbaijan and Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, it was accepted for investigation.
In the process of investigation, Makarov Mahammadali Mutalib was contacted on the phone and informed of his rights to submit additional evidences and to participate in investigation. Makarov M.M. noted that there are no additional evidences other than that indicated in the complaint.
As a result of investigation, it was determined that the appeal is grounded, it should be satisfied, the decision of the constituency election commission on refusal of registration of Makarov Mahammadali Mutalib to the municipality membership should be cancelled, and the candidate should be registered for the membership in appropriate municipality.
Based on the statements mentioned above and in accordance with Articles 19.4, 28.2, 112 and 112-1 of Election Code of the Republic of Azerbaijan and provisions 1,2,4,6, and 7 of the Instruction “on rules for filing and processing of complaints and appeals on the violation of election rights by the Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, I came to opinion:
- To satisfy the appeal # 42 submitted on November 23, 2009 by Makarov Mahammadali Mutalib, nominated candidate to the municipality membership, due to the fact that the appeal grounded and to cancel the appropriate decision of the constituency election commission;
- To register Makarov Mahammadali Mutalib as a candidate to Zaqatala municipality.
- The opinion shall be published within 24 hours from the moment of its adoption (on the web site of Central Election Commission) and a copy should be sent to the applicant.
Member of the expert group
Established within the Central
Election Commission Irada Hajiyeva |
