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 Arif Huseyn oghlu Rahimov nominated on his own initiative to the membership of Ramana municipality on Sabunchu II Con.EC # 27 related with Municipal Elections appointed to 23 December 2009
On November 24, 2009, Arif Huseyn oghlu Rahimov nominated on his own initiative to the membership of Ramana 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.
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, the authorized representative was 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 at the result of investigation that according to the opinions of the expert of Court Expertise Center of Ministry of Justice of the Republic of Azerbaijan and the specialist of General Passport, Registration and Migration Office of the Ministry of Internal Affairs, 38 out of 55 voters signatures submitted for the registration of Arif Huseyn oghlu Rahimov were regarded valid.
Pursuant to Article 215.1.1 of Election Code of the Republic of Azerbaijan, each nominated citizen shall collect 50 voters signatures for the registration in the area the population of which is more than 9.999 persons.
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:
- The appeal # 45, dated on 24 November 2009 of Arif Huseyn oghlu Rahimov nominated on his own initiative to the membership of Ramana municipality on Sabunchu II Con.EC # 27 shall not be implemented due to its groundlessness.
- 2. 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 Valida Kazimova
27 November 2009 |