OPINION

of Mrs. Valida Kazimova, 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 by Adil Malikhaydar oghlu Guliyev nominated by Democratic Azerbaijan World Party to the membership of Mashtagha municipality on Sabunchu III Con.EC # 28 related with Municipal Elections appointed to 23 December 2009

On November 24, 2009, Adil Malikhaydar oghlu Guliyev nominated by Democratic Azerbaijan World Party to the membership of Mashtagha municipality on Sabunchu III Con.EC # 28 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. 
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”, a member of an expert group established within the Central Election Commission investigated the appeal and provided relevant opinion on it which was considered at the meeting of Central Election Commission. 
For asserting the efficient ensuring of citizens’ election rights at the Commission, for the investigation of the appeal of the authorized representative, hewas kept contact with and informed on his rights to present additional evidences and participate in the investigation.
In the process of investigation, the candidate to the municipality membership was kept contact with and informed on his rights to present additional evidences and participate in the investigation.
It was determined that the number of valid voters signatures was not sufficient, besides, the information on the candidate was not included in the signature sheets including voters signatures, furthermore, they were not approved by the person collecting signatures and the authorized representative of the party.
So, pursuant to Article 59.9 of Election Code, if the signature sheets are not approved in handwriting of the person collecting signatures, 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.
Pursuant to Articles 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: