OPINION

of Mr. Rafig Abbasov, 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 # 47, dated on 24 November 2009 by Teymur Balakhan oghlu Rzayev nominated on his own initiative to the membership of Balakhani municipality on Sabunchu II Con.EC # 27 related with Municipal Elections appointed to 23 December 2009

Baku city                                                           26 November 2009, At 15.00

On November 24, 2009, Teymur Balakhan oghlu Rzayev nominated on his own initiative to the membership of Balakhani municipality on Sabunchu II Con.EC # 27 related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that his candidacy was illegally refused by the above-mentioned Con.EC, he asked for taking relevant activities defined by law. 
I, member of Expert Group Rafig Abbasov defined and investigated the appeal # 47 entered the Central Election Commission on 24 November 2009 by Teymur Balakhan oghlu Rzayev, candidate to the membership of Balakhani municipality.
As the appeal was 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 accepted to investigation.
Pursuant to Article 112 and 112-1 of Election Code of the Republic of Azerbaijan and Instruction “on rules for submission and consideration complaints and appeals on violation of voting rights by Central Election Commission and Constituency Election Commission”, the appeal was investigated by me as a member of Expert Group under Central Election Commission of the Republic of Azerbaijan.
In the process of investigation, complainer was kept contact with by phone and informed on his rights to present additional evidences and participate in the investigation. But he stated that he had not any additional evidence to present except the information included in the complaint.
For asserting the efficient ensuring of citizens’ election rights, I tried to investigate the appeal fully, comprehensively, fairly and impartially.
It was determined that the number of valid voters signatures was not sufficient, besides, the signature sheets including voters signatures were not approved by the candidate.
Though pursuant to Article 58.2 of Election Code of the Republic of Azerbaijan, T.B.Rzayev was invited to the Con.EC to correct the allowed mistakes, he did not use the provided possibility without indicating any grounded reason and thus, legal results implied by Article 59.9 of the Code were formed.
So, pursuant to Article 59.9 of Election Code, if the signature sheets are not approved in handwriting of the person collecting signature, as well as the candidate, authorized representative of the political party, bloc of political parties or if the sign of the authorized representative is incorrect, then all the signatures shall be regarded invalid.
Taking the above mentioned as a basis, pursuant to Articles 19.4, 28.2, 112, 112-1 of Election Code of the Republic of Azerbaijan and Item 1,2,4,6 and 7 of Instruction “on submission and investigation of complaints and appeals on violation of election rights by Central Election Commission of the Republic of Azerbaijan and constituency election commissions”, I came to conclusion:

Member of Expert Group                                          Rafig Abbasov