OPINION
of Mr. Gabil Orujov, 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 Mehman Yagub oghlu Abbasov nominated by Democratic Reforms Party related with Municipal Elections appointed to 23 December 2009
On November 23, 2009, Mehman Yagub oghlu Abbasov nominated by Democratic Reforms Party to the membership of Shamli municipality on Gabala Con.EC # 116 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 Gabala Con.EC # 116, 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 investigated the appeal.
For asserting the efficient ensuring of citizens’ election rights at the Commission, for the investigation of the appeal, Mehman Yagub oghlu Abbasov was kept contact with and informed on his rights to present additional evidences and participate in the investigation.
In the result of investigation it was determined 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, the number of valid 5 voters signatures was not sufficient, besides, the signature sheet was not approved by the authorized representative of the party.
Though pursuant to Article 58.2 of Election Code of the Republic of Azerbaijan, the authorized representative was invited to the Con.EC for correcting the allowed mistakes, the representative did not use the allowed possibility without indicating any grounded reason and thus, legal consequences implied by Article 59.9 of Election Code were formed.
So, pursuant to Article 59.9 of Election Code, if signature sheets are not approved by the signs in handwriting by the person collecting signatures, as well as by the candidate, authorized representative of the political party, bloc of political parties or the sign of the authorized representative is not correct, then all the signatures in signature sheets shall be regarded invalid.
So, as the appeal of the candidate to municipality membership is groundless, it shall not be implemented.
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:
1. The appeal # 43, dated on 23 November 2009 of Mehman Yagub oghlu Abbasov nominated by Democratic Reforms Party to the membership of Shamli municipality on Gabala Con.EC # 116 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 Gabil Orujov
25 November 2009 |
