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, dated on 21 November 2009 by Abbasagha Huseynbala oghlu Mammadov, authorized representative of “Hope” Party related with Municipal Elections appointed to 23 December 2009
Baku city 26 November 2009, at 14.00
On November 21, 2009, Abbasagha Mammadov, authorized representative of Azerbaijan Hope Party which nominated candidates to municipality membership related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that Ulduz Ustarovna Babayeva and Metanet Juma gizi Ahmadova nominated by this party to the membership of Zagatala municipality on Zagatala-Balaken Con.EC # 111 were illegally refused by the above-mentioned Con.EC to be registered, therefore the authorized representative asked for taking relevant activities defined by law.
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.
In the process of investigation, the authorized representative was kept contact with by phone and offered to submit additional evidences related to the cases noted in the appeals At the same time, he was informed of his right to participate in the investigation. The authorized representative noted that he had not any additional evidence to present except the information included in the complaint.
At the result of investigation it was determined that the appeal is grounded, therfore the appeal shall be implemented, the Con.EC decision on the refusal from the canddiate registration shall be annuled and the candidates to the municipality membership shall be registered.
Pursuant to Articles 1112, 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:
- As the appeal of the authorized representative of Azerbaijan Hope Party, dated on 21 November 2009 is grounded, it shall be implemented and the relevant decision of the Con.EC in the aprts on Metanet Juma gizi Ahmadova and Ulduz Ustarovna Babyeva shall be annuled.
- Ulduz Ustarovna Babayeva and Metanet Juma gizi Ahmadova, candidates to the membership of Zagatala municipality on shall be registered.
- 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
under Central Election Commission Emin Guliyev
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