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 complaint by Anvar Serdar oghlu Aghazade, authorized representative of Hope Party related with Municipal Elections appointed to 23 December 2009

On November 21, 2009, Anvar Serdar oghlu Aghazade, authorized representative of 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 Aghamirze Faig oghlu Baylarov and Hasanali Asad oghlu Guliyev nominated by this party to the membership of Amirjan municipality on Surakhani III Con.EC # 32 were illegally refused by the above-mentioned Con.EC to be registered, the relevant decision on this groundless and therefore the authorized representative 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, Anvar Serdar oghlu Aghazade 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 voters signatures was not sufficient, besides, the signature sheet having voters signatures collected in support of both candidates 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 authorized representative is groundless, it shall not be implemented.
Pursuant to Articles 19.4, 28.2, 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:
1. As the appeal # 35 of the authorized representative of Azerbaijan Hope Party, dated on 21 November 2009 is groundless, it shall not be implemented.
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                                                   Gabil Orujov