OPINION

of Mr. Tofig Hasanov, 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 24 November 2009 by Gulagha Aslanli, authorized representative of Musavat Party and Ellada Mammadli, candidate to the membership of Khatai municipality related with Municipal Elections appointed to 23 December 2009

On November 24, 2009, Gulagha Aslanli, authorized representative of Musavat Party and Ellada Sabir gizi Mammadli nominated by Musavat Party to the membership of Khatai municipality on Khatai III Con.EC # 35 related to Municipal Elections appointed to 23 December 2009, applied to Central Election Commission in written form, informing that her candidacy was illegally refused by the above-mentioned Con.EC, he asked for taking relevant activities defined by law. 
As the appeal was 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 accepted to investigation.
In the process of investigation, authorized representativeGulagha Aslanli was kept contact with and informed on his rights to present additional evidences and participate in the investigation.
At the result of investigation, as the appeal was determined to be grounded, it shall be implemented, the Con.EC decision on the refusal from registration of Ellada Mammadlishall be annulled and the candidacy on the membership of Khatai municipality in Khatai region shall be registered.
By considering the above-mentioned, 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 dated on 24 November 2009 of the authorized representative of Musavat Party and Ellada Sabir gizi Mammadli nominated by Musavat Party to the municipality membership is grounded, it shall be implemented and the relevant decision of the Con.EC shall be annulled.
2. The candidacy of Ellada Sabir gizi Mammadli to the membership of Khatai in Khatai region municipality shall be registered.
3. 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                                          Tofig Hasanov
26 November 2009